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Home My WebLink About05-1984 Dgl: nsE 42 CG21$-EASEMENT. Martin StaUonefy Co., Dallis THE STATE OF TEXAS, KNOW ALL LIEN BY THESE PRESENTS: COUNT' 01' DENiON REAL PROP TY RECORDS 224 THAT McKinney Property Group 5 of DENTON COUNTY, 'TEXAS in consideration of the sum of Onr dollar ($1.00) and -70 cents------------------- and other good and valuable cons;deration in hand paid by the City of De:rton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sAl and con'.ey unto to the City of Denton, Texas , the free and unint_•rrupted a e, liberty and privilege of the passage in, along, upon and across the following eaescnbed property, owned by it . Situated in Denton County, T,:Xas, in the T.M. Downing Sun,,-y, Abstract No. 346 All that certiln 0.129 acre tract, or parcel of land situated in the T. M. Downing Survey, Abstract Number 346, City of Denton, Denton County, Texas; said tract being part of a tract occupied on the ground as tract s%own by deed to McKinney Property Group and recorded in Volume 1018, page 832 of the Deed Records of Denton County, Texas and being more particularly described as follows: Beginning , for the North West corner of the tract being described herein at an iron pin set in the Soath right-of-way of ?McKinney Street (50' South of centerline) being in the West line of said Downing Survey; Thence South 83 degrees 10 minutes 40 seconds East with said right-of-way 351.95 feet to an iron pin; Thence South 01 degrees 34 minutes Easc 16.0 feet to an iron pin; Thence North 88 degrees 10 minutes 40 seconds West parallel and 66 feet from the center of said road 351.95 feet to an iron pin in said West line of Downing Survey; Thence North 01 degrees 34 minutes West 16.0 feet to the point of beginning. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildines and other obstructions as may now be found upon said pro;.erty. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises fol the purpose of making additions to, improvements on and repair: to the said public utilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand this the 10th day of ppri 1 A.D. 19 84 McKinney Property Group B -L y A~ see ACKNOWLEDGMENT vi 139E PA% ` 3 $tATE OF TEXAS, r CY QF Denton BEFORE ASE, the undersigned authority, a~ Jerold L. Mitchell 16 +ti•~0 ljtV43 imp W be the Person whose name i s subscribed to the foregoing instrument, and acknowledged to me that r f7B.,P-;gzecuted the same for the purposes and consideration therein expressed, ''rii 6h'EN UNDER MY HAND AND SEAL OF OFFICE, This L.S.1 j~f7 al, day of rr r~-~`~ . A. D. 19 ( Notary Public, in and for th Slaltc of Texas. My Commission Expires ..d..:. ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF JEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he. executed the same for th,c 1urposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE„ This day of A.D. 19 (L.S.) - Notary Public, in aad for the State of Texas. My Ccmmission Expires CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF.. ~ BEFORE ME, the undersigned authority, on this da-- personally appeared - - known to me to be the person and officer whose name is suhscribed to the foregoing instrument and acknowledged to me that the same was the act of the said . - a corporation, and that he executed tho same as the act of such cor . - --consideration erein poratian for the purposes and therein expressed, and in the capacity therein Meted. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _..day of------------ , A.D. 19........ (L•S. ) _ - - . . Notary Public, in and for the State of Texas. M) Commission Expires CLERK'S CERTIFICATE THE STATE OF TEXAS, COUNTY OF _ _ _ . _ County Clerk of the County Court of said County, do hereby certify that the foregoing Litrument of writing dated on the - day of , A. D. 19 with its Certificate of Authentication, was fi'zd for record in my office on the day o!_, _ A. D. 19. at. o'clock M., and duty recorded this day of...... „ai41E OF T(M. 19__.__ , LOUEay Or 6t°"h M., in the _ Reaordd EC ~o tfnPP- f~t AAdfl4eQourtr_ Texas, on pages ilPdN _ WITNESS MY HAND AND SEAL OF Trio COUNTY COCRiSof aaid.Gou f t, d cn the the day and ycpc~gsr c k aIfdF~m i.✓6Cr~j flteARtcr t ienan;d reaoyrsr OS .yrs., hswn by ms, ' Co•:nt- Clerk:-VAr rc._19.5.4............... County, Texas. . (L. S.) 11 cd p`. r o ..__...n........... Deputy. c Col. CNNfY CIERif, DW106 Coulh Tom Y r I~ J x y 4'1 F 111 ` L N i 4 .r q ti ~ u a ~ + __R U q a Q S l 17 tql Z c lj V E l C 7: E e o o f.; x ` i ~9 a a u w II r o z t l~ rJ A. r 1 v\ O E Y ~j y J Ui } U !9 y I I Ci ! V T I I i I ! is ai k. ~T 4 nH , ~Le.•Y'~i op1 AVM C I ♦ya S 4r4 b, ,r M,• R E 5 0 L U T I 0 N ?S WHEREAS, the City of Denton finds it necessary to 1 purchase a certain tract of land located in the City of Denton, Texas, and more fully describes below; and 5 WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton, Purchaser, and Ali Al-Khafaji, a, Owner, of said parcel, agree that a consideration of Five Thousand Dollars (;$5,000.00) is a fair and agreed value of such jE.r> described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. r . The City Attorney is hereby authorize? to ep ' _ necessary legal documents to complete the transfer of prnperty? I .r so described below from the owner thereof to the City of Denton: ~ . All 'Chat 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 William Loving Survey, Abstract No. 759, and being part of Lot Nos. 8 and 9, Block A, and part of Lot 9, Block B. of the Blount Addition, an addition to the City and R County of Denton, and also being part of a tract of land as conveyed fi:om Thomas E. Noel and wife, Fama C. Noel to Ali ' Al-Khafaji by correction deed dated January 19, 1981 and M9`w recorded in Volume 1056, Page 165 of the Deed Records of Denton f r County, Texas, and more particularly described as follows: BEGINNING at the most easterly northeast corner of Tract 5 as J described in above mentioned deed, said point lying at the intersection of the present Bell Avenue west right-of-way line with the present south right-of-way line of Wainwright Street; THENCE south 29044142" west along said 't'ract 5 e st boundary line same being the west right-of-way line of Bell Avenue a distance of 40.31 feet to a point for a corner; .0 6 THENCE south 37046132" west along said lines a distance of 50.60 feet to a point for a :orner; THENCE south 44°25'58" west along said lines a distance of 35.71 w` feet to a point for corner; -i THENCE north 35033112" east a distance of 41.66 feet to a point for a corner; ~f THENCE north 29044142" east a distance of 85.0 feet to a point for a corner in the north boundary line of said Tract 5 came being the south right-of-w line of Wainwright Street; THENCE south 530U7148" east along said line a distance of 12.7 feet to the place or" beginning and containing 0.0231 acre of land, more or less. x SECTION II. i The City of Denton is hereby authorized co pay its share of the necessary and reasonable cost of closing as required by the sales contract. s 4 PASSED AND APPROVED this the day of 1984. E,S r, RI HARD STEW ~2T, MAYO CI Y OF ENTON, TEXAS ATTEST, CHARLOT ALLEN, CITY S CR gARY 4'y. y CITY OF DENTON, 'PEXAS k APPROVED AS TO LEGAL FORM:; C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS t q ti: BY: l Lfy• 4 .h z H , q i Yi f r: R .E S O L U T I O N WHEREAS, a majority of the Council will be out of the City of Denton on May 15, 1984, and it is necessary that the Council meeting for such date be postponed until May 22, 1984; NOW, M THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: 4 77 SECTION I. That the regular Council meeting to be held on I-lay 15, 1984 be postponed until May 22, 1984. PASSED AND APPROVED this the 1st day of May, 1984. t C TY OF ENTON, TEXAS ATTEST: '7 A CITY OF DENTON, TEXAS ~r APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: x A S . r. Kr g ~ti 7 } NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN P:ZOPtRTY BY THE CITY OF DENTON, TEXAS, AND i AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH P'.OTiCE OF SUCH. j PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. r On the ( day of 1'J84, at 7:00 o'clock P. H. in the ity Counci'l ti C arm s of t-he Municipal Buildin of the City of Denton, Texas, the ity Council will hold a public i hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described below. On the day of 1984, at 7:00 o'clock P.M. in thta ( _y Council am ers o-0 the Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing; giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the fol.loving described property, to-wit: All that certain tract or parcel of land lying and being, situated in the County of Denton, State of Texas, being part of the G. Walker Survey, Abstract 140. 1330 and being more particularly described as follows: BEGINNING at a point in the present city limits as established by Ordinance no. 74-44, said point lying in the east boundary line of a tract conveyed to Launa Ann Caudle Huffines by deed recorded in Volume 822, Page 167 of the Deed Records of Denton - County, Texas said point also lying in a north and south road i known as Swisher Road; THENCE north 86°15' west along the said present city limits, passing at 1169.84 feet the west boundary line of said Huffinee tract, same being the east boundary line of a tract conveyed to Oak-Scott Five, Ltd. by deed recorded in Volume 1112, Page 443 of the Deed Records of Denton County, Texas, and continuing for a total distance of 1826.17 feet to a point for a corner, said point lying in the southerly boundary line of said tract, same being the northerly right-of-way Iiue of the M.K.T. Railroad, said point also lying in a curve to the left with a radius of 1544.69 feet, central angle of 1055"28" and a chord of north 71°44'34" west 51.88 feet; THENCE northwesterly along said curve to the left an arc distance of 51.88 feet to a point; THENCE north 72°42'18" west a distance of 215.16 feet to a point r" for a corner same beng the southwest corner of said Oak-Scott Five, Ltd. tract; t THENCE north 3°56'48" west along; the west boundary line of said tract a distance of 1593.eb feet to a point for a corner same being the northwest corr-!r of said tract, said point lying in an east and west road known as Page RoaJ; SHILCH-PAGE ROAD/PAGE ONE 1 `A ~L . 1 tale& I a --.J r ~.c•..', It 2 f THENCE south 85°38'47" east along the north boundary line of said tract and in said road a distance of 1079.41 feet to a point for a corner, same being the northeast corner of said Oak-Scott Five, Ltd. tract and the northwest corner of said Huffines tract; THENCE south 87°52' east along the north boundary line of said Huffines tract and in said road a distance of 1172.2 feet to a "i point for a corner same being the northeast corner of said Huffines tract; THENCE south 2°06' west along the east boundary line of said Huffines tract and in said Swisher Road a distance of 1665.28 feet to the place of beginning and containing 81.44 acres of land, more or less. SECTION 11. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than forty 1 days nor less than twenty days prior to the date of such public hearing, all in accordance with than Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. •1 This ordinance shall be in full force and effect immediately following its passage and approval. a Q~ PASSED AND APPROVED this the ~ day of 1984. 1 AV- MAYU CI Y OY' D 'r N, TEXAS ATTEST: 2- NLOTTE " AL LENS UITY CITY OF DENTON, TEXAS j APPROVED AS TO LEGAL FORM: •,r'~ C. J. 'rAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: SHILOH-PAGE: ROAD/PAGE TWO . NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVE14 TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the following described territory to the corporate limits of the j City of Denton, to-wit: i All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, ~ being part of he G. Walker Survey, Abstract No. 1330 and being more particularly described as follows: BEGINNING at a point in the present city limits as established by Ordinance no. 74-44, said point lying in the east boundary line of a tract conveyed to Launa Ann Caudle Huffines by deed recorded in Volume 822, Page 167 of the Deed Records of Denton County, Texas said point also Iving in a north and south road known as Swisher Road; THENCE north 86°15' west along the said present ci, limits, passing at 1169.84 feet the west boundary line of said Huffines tract, same being the east boundary line of a tract conveyed to r Oak-Scott Five, Ltd. by deed recorded in Volume 1112, PaF,e 448 of the Deed Re-,or-6 of Denton County, Texas, and continuing for a total distance of 1826.17 feet to a point for a corner, said point lying in the southerly boundary line of said tcact, same being the northerly right-of-way line of the M.K.T. Ra.1road, said point also lying in a curve to the left with a radius of 1544.69 feet, central angle of 1°5528" and a chord of north 71°44'34" wet 51.88 feet c' THENCE northwesterly along said curve to the left an arc y distance of 51.88 feet to a point; THENCE north 72°42'18" west a d' 3nce of 215.16 feet to a point; for a corner same beng the sc est corner of said Oak-Scott y Five, Ltd. tract; THENCE north 3°56'48" west along the west boundary line of said tract a distance of 1593.86 feet to a point for a corner same being the northwest corner of said tract, said point lying in an east and west road known as Page Road; THENCE south 85°38'47" east along the north boundary line of said tract and in said road a distance of 1079.41 feet to a point for a corner, same being the northeast cornet- of said Oak-Scott Five, Ltd. tract and the northwest corner of said Huffines tract; THENCE south 87°52' east along t:~e north boundary line of said Huffines tract and in said road a distance of 1172.2 feet to a point for a corner same being the northeast corner of said Euffines tract; r; THENCE south 2°06' west alone the Pest boundary line of said s Huffines tract and in said Swisher Road a distance of 1665.28 feet to the place of beginning and containing 81.44 acres of t land, more or less. F ~a SHILOH-PAGE ROAD/PACE ONE e r c3 A Public Hearing will be held by and befgre the City Council of s the City of Denton, Texas, on the f day of 19849 at ,:00 o'clock P. M. in the ~~tl Council Cam er o t e Municipal Building of the City of Denton, Texas, for al persons interested in th,, above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein .3entioned, will take notice. A Public Hearing will be held by and before the Cit Council of the City of Denton, Texas, on the "-day of 1984, at 7:00 o'clock P. M. in the CITY Council m ers o t e' Municipal Building of the City of Denton, Texas, for all persons ° interested in the above proposed annexation. At said time and place all such persons shall have the right to appear heard. Of all said matters and thin s all and interested in the things and matters herein mentioned, willetake s noticeJ~ 14 i CI Y OF 'NTON, TEXAS "x E ATTEST: 044 r - 7 ti J S 1 4 Fi SHILOH-PAGE ROAD/PAGE TWO w ' r ~ v I { 3 NO. i i ti AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. k THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: t f SECTION I. On the day of , 1984, at 7:00 o'clock P. M. in Lhe City Council Chamb s of the Municipal Building of 1 the City of Denton, Texas, the Ety Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described below. On the day of , 1984, at 7:00 o'clock P.M. in the City Council CI tubers of the Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interests- versons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: i All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the G. Walker Survey, Abstract No. 1330 and more particularly described as follows: BEGINNING at a point in the present city limits, said point being in the east boundary line of the tract described in Ordinance No. 84-17 third tract and in a north and south road j known as Swisher Road, said point also being the southwest corner of a tract conveyed to George Stanton by deed recorded in Volume 698, Page 400 of the Deed Records of Denton County, Texas; THENCE north 2°29' east along the present city limits, same being the west boundary line of said Stanton Tract and in said road, passing at 267.3 feet the northwest of said Stanton Tract, same being the southwest corner of a tract conveyed to Robert W. Beene by deed recorded in Volume 582, Page 212 of the Deed i Records of Denton County, Texas and continuing for a total distance of 535.3 feet to a point for a corner; = THENCE south 88°18' east along the north boundary line of said Beene tract a distance of 1623.5 feet to the northeast corner of said tract; THENCE south 1°34' west along the east boundary line of said Beene tract passing at 268.0 feet the southeast corne of said Beene tract same being the northeast corner of said Stanton Tract and continuing for a total distance of 535.3 feet to the southeast corner of said tract; THENCE north 88°18' west along the south boundary line of said tract a distance of 1632.05 feet to the place of beginning and containing 20.0 acres of land, more or less. SECTION II. : The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the SWISHER ROAD/PAGE ONE I~f Y j 113 City and in the above described territory not more than forty days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil St$Lutes). Y SECTION III. This ordinance shall be in full force and effect immediately following its passage and approval. PASSED AND APPROVED this the day of 1984. I i CITY OF NTON, TEXAS AT1E'T: -3 1 1 CITY OF DENTON,-TEXAS , APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TE_\AS BY: A t I E I + 4 Cr"i F~ r~F Vr it ss.' SWISHER ROAD/PAGF.'TWO r • +a a ~ 1 _ - tyj h+ h} . A Y 1 q 1 i , \ _ 1+ q~ n r 1 "'i'~ r ) - r r w f o f y a 7r +G.S.F~ 1 y J • !L y i NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: i ThL City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add t1ne following described territory to the corporate limits of the City; of Denton, to-wit: j All that certain tract or parcel of land lying and being situated 'I in the County of Denton, State of Texas, being part of the G. Walker Survey, Abstract No. 1330 and more particularly described as follows: i BEGINNING at a point in the present city limits, said point being Y j in the east boundary line of the tract described in Ordinance No. { 84-17 third tract and in a north and south road known as Swisher Road, said point also being the southwest corner of a tract conveyed to George Stanton by deed recorded in Volume 698, Page 400 of the Deed Records of Denton County, Texas; 1 THENCE north 2°29' east along the present city limits, same being the west boundary line of said Stanton Tract end in said road, s passing at 267.3 feet the northwest of aaid Stanton Tract, same being the southwest corner of a tract conveyed to Robert W. Beene by deed recorded in Volume 582, Page 212 of the Deed Records of Denton- County, Texas and continuing =or a total distance of 535.3 feet to a point for a corner; THENCE south 88°18' east along the north boundary line of said Beene tract a distance of 1623.5 feet to the northeast corner of" 1 said tract; w. i THENCE south 1°34' west along the east boundary line of said Beene tract passing at 268.0 feet the southeast corne of said Beene tract same being the northeast corner of said Stanton Tract and continuing for a total distance of 535.3 feet to the southeast corner of said tract; THENCE north 88°18' west along the south boundary line of said tract a distance of 1632.05 feet to the place of beginning and containing 20.0 acres of land, more or less. A Public Hearing will be held by and before the City Council of the City of Denton, Texe.s, on the9 day of } 1984, at 7:00 o'clock P. M. in the City Council Chambe of the Municipal Building of the City of Denton, Texas, for al persons interested in the above proposed annexation. At said time and 3 place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City Council of VNI ~J¢__ the City of Denton, Texas, on the' day of ,a 1984, at 7:00 o'clock P. M. in the C ty Council m ers o tT1e }PVC, Municipal Building of the City of Denton, Texas, for all persons a' 4- interested in the above proposed annexation. At said time and ` place all such persons shall have the right to appear and be, heard. Of all said matters and things, all persons interested in # the things and matters herein mentioned, will take notice. a R} R CI Y OF ENTON, TEXAS ATTEST: } !ce XN d WAM is NO. w AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE i WPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXTS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE 'iF SUCH PUBLIC HEARING. 4 THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. lflc On the day of - 1984, at 7:00 o'clock P. M. in the ty Council sham ers oft Municipal Building of the ti City of Denton, Texas, the City 'ouncil will hold a public hearing a' giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the } property described below. k On the d f the City Council C mber the Municp~alaBuildingooflthe City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: All that certain, tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the M. Forrest Survey, Abstract No. 417 and morn particularly described as follows: BEGINNING at a point in the present city limits as established by Ordinance No. 69-40 Tract V, said point lying 350 feet south of and perpendicular to the centerline of U. S. Highway 380 anu in the east boundary line of Lot 6, Block A of the Subdivision of said survey; THENCE south along the east boundary line of said Lot 6, passing its southeast corner, same being the northeast corner of Lot 12, and passing the southeast corner of Lot 121 and passing the northeast corner of Lot 5, Block B and continuing to the southeast corner of said Lot 5 to a point for a corner; THENCE south 84°49'20" east passing the northeast corner of Lot 12, Block B, passing the norLhwest corner of Lot 5, Block E, and continuing for a total distance of 1778.08 feet to a point for a corner; THENCE south 35°33'40" east a distance of 319.94 feet to a point for a corner; THENCE south 69°23'20" east a distance of 422.45 feet to a point for a corner; THENCE south 64°45'10" east a distance of 323.50 feet to a point for a corner; THENCE south 5°55'10" east a distance of 507.60 feet to a point for a corner in the east boundary line of Lot 5, Block E; THENCE south 4°58' west along the east boundary line of Lot 5, Block E a distance of 1313.82 feet to a point for a corner; THENCE north 84°49'20" west along the south boundary line of Lot 5, Block E to a point 500 feet east of the southwest corner of Lot 5, Block E; GRISSOM ROAD/PAGE ONE L y.. ci' 1 tr ~TyP ._z • -r y '1 rY~1 ~r ~~,r ra (ri A ,y r,. p+r~, r Plr j n~r1 t~ r!I i; r y r ~s~~~l r c,, } , 1 Y. is ' • 1 S w ~ ~r ~17gYr11 t r l THENCE south 3°07' west 500 feet east of and parallel to the west boundary line of said Lot 2, Block F, a distance of 1432.42 feet to a point for a corner in the north boundary line of a tract conveyed to McDonnell Enterprises by deed recorded in Volume 1195, F Page 651 of the Deed Records of Denton County, Texas; THENCE south 37°06'42" east a distance of 369.58 feet to a point for a corner; THENCE south 40°36'52" east a distance of 551.38 feet to a point for a corner; THENCE south 33°35'03" east a distance of 278.41 feet to a point for a corner; THENCE south 25°22'26" west a distance of 151.56 feet to a point for a corner; THENCE north 38°28'10" east a distance of 258.73 feet to a point for a corner; THENCE south 0°14'09" west a distance of 459.63 feet to a point for a corner; THENCE south 2°37' west a distance of 949.66 feet to a point for a corner; THENCE south 2°39'37" west a distance of 435.28 feet to a point for a corner; THENCE south 2°04'27" west a distance of 898.86 feet co a point for a corner; THENCE 83°32'49" west a distance of 1023.43 feet to a point for a corner; THENCE north 64°50'47" west a distance of 407.19 feet to a point for a corner; THENCE north 2°13'26" east along the wesL• boundary line of Lot 7, same being the east boundar line of Lot 6, Block F of said subdivision, a distance of 706}.64 feet to a point for a corner; THENCE north 2°48'25" east along said lot lines a distance of 2127.77 €eet to a point for a corner same being the northwest corner of said Lot 7 and the southeast corner of Lot 1; THENCE north 86°26'40" west along the south boundary line of Lot 1, passing at 1393.23 feet. the southwest corner of Lot 1, same being the westerly southwest corner of said McDonnell tract and the east boundary line of a ^^r.th and south county road known as Grissom Road, and continuing, for a total distance of 1423.3 feet to a point for a corner in Grissom Road; THENCE north 2`28'38" east in said Grissom Road a distance of 525.40 feet to a point for a corner; THENCE south 86°04'29" east passing at 30.0 feet the east boundary line of said Grissom Road, same being the west boundary line of said McDonnell tract, and continuing for a total distance of 681.98 feet to a point for a corner; THENCE south 86°12'07" east a distance of 739,33 feet to a point for a corner in the east boundary line of Lot 1; THENCE north 4°35'20" east a distance of 587.4 feet t:o a point for i. corner; GRISSOM ROAD/PAGE TWO t r . a t l a ~ .r.a+•T~`^ k (l V tF'y~ ♦ `}gy p~ 9W ^[g„~1' ~ 9 ~w~ f ~~~eyi lj^ I1 ~ 4 5. r4 i'~-- 1 ~'Fi~ h b 1'~:i off 'rC.~ i~- l A„ 1C~~.-a 'f~t~ r .i_.,~ ~f. .t , ~i 7" ✓ x rr,~ ,~.,i' ayx ~l f 4J ~o 14 M y THENCE north 300i' east a distance of 1183.65 feet to a point for a corner, same being the northwest corner of Lot 2, Block F, same being the northeast corner of Lot 1, Block F; THENCE north 84°49'20" west passing the southwest corner of Lot ' 12, Block B, same being the southeast corner of Lot 11, BLock B and continuing to a point for a corner, said point being the most c; southerly southwest corner of a tract conveyed to Mary Louise Bird, et al by deed recorded in Volume 1035, Page 743 of the Deed Records of Denton County, Texas; ` THENCE north 3°57'40" east a distance of 646.13 f^^t to a point for a corner; THENCE north 83°12'10" west a distance of 693.59 feet to a point } for corner; ` THENCE north 4°59'40" east passing at 1612.19 feet the northwest corner of Lot 11, Block B same being the southwest corner of Lot 5, block B and continuing for a total distance of 4139.96 feet to I a point for a corner same being the northwest corner of said Bird Tract and the northwest corner of Lot 5, Block B; THENCE north along the west boundary line of Lot 12, Block A, `x passing the northwest corner of said Lot 12, Block A, eame being :x the southwest corner of Lot 6, BLock A and continuing to a point for a corner, said point lying in the present city limits, raid point also being 350 feet south of and perpendicular to the centerline of U. S. Highway 380; THENCE northeasterly along the present city limits 350 feet south of and parallel to the centerline of U. S. Highway an approximate distance of 1475 feet to the place of beginning and containing 522.76 acres of land, more or less. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public nearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than forty days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be an full force and effect immediately following its passage and approval. PASSED AND APPROVED this the day of , 1984. CI Y OF NTON, TEXAS ATTEST: C L TE LEN, CITY S..G-E AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ! C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: Qnx~ ~ a GRIS$ M ROAD/PAGE THREE T « r K r o ~ Ld ~IIA .yam" Mon" 1, P NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the following described territory to the corporate limits of the City t~ of Denton, to-wit: l All that certain, tract or parcel of land lying and being situated ir, the County of Denton, State of Texas, being part of the M. Forrest Survey, Abstract No. 417 and more particularly described 1 as follows: BEGINNING at a point in the present city limits as established by Ordinance No. 69-40 Tract V, said point lying 350 feet south of and perpendicular to the centerline of U. S. High~•-v 380 and in ' the east boundary line of Lot 6, Block A of the division of said survey; THENCE south along the east boundary line of said I,c)t 6, passing its southeast corner, same being the northeast cornUt_ of Lot 12, and passing the southeast corner of Lot 121 and passing the ' northeast corner of Lot 5 Block B and continuing to the southeast corner of said Lot 5 to a point for a corner; THENCE south 84°49'20" east passing the northeast corner of Lot 12, Block B, passing the northwest corner of Lot 5, Block E, and continuing for a total distance of 1778.08 feet to a point for a ' corner; THENCE south 35°33'40" east a distance of 319.94 feet to a point for a corner; THENCE south 69°23'20" east a distance of 422.45 feet to a point w•,{ for a corner; THENCE south 64°45'10'' east a distance of 323.50 feet to a point wi for a corner; THENCE south 5°55'10" east a distance of 507.60 feet to a point for a corner in the east boundary line of Lot 5, Block E; THENCE south 4"58' west along the east boundary line of Lot 5, Block E a distance of 1313.82 feet to a point for a corner-, THENCE north 84049'20" west along the south boundary line of Lot 5, Block E to a point 500 feet east of the southwest corner of Lot S, Block E; THENCE south 3007' west 500 feet east of and parallel to the west boundary line of said Lot 2, Block F, a distance of 1432.42 feet to a point for a corner in the north boundary line of a tract conveyed to McDonnell Enterprises by deed recorded in Volume 1195, Page 651 of the Deed Records of Denton County, Texas; THENCE south 37°06'42" east a distance of 369.58 feet to a point for a corner; Lc THENCE south 40°36'52" east a distance of 551.38 feet to a point for a corner; 'T'HENCE south 33°35'03" east a distance of 278.41 feet to a point: for a corner; NOTICE GRISSOM ROAD/PAGE ONE i w'-^•T -~:-ti a N=V, Y'r r. a m T>,.. r.... f rP G dl'~ ~ 44{% A a T . T •-1'I. r 1r. pp 'y(~ 'l1 1 Rl l~ A Y4 ~'y ~ ~Y ~.~r~ ~"1~~i A ~ .t t p~'~♦~Y ♦if' er~y 1~, I, 1~~1 ~ }L51 , h, (rl Y~~ 'gib? Ail t. I THENCE south 25°22'26" west a distance of ].1i1.56 feet to a point A for a corner; a s THENCE north 38°28'10" east a distance of 258.73 feet to a point for a corner; THENCE south 0°14'09" west a distance of 459.63 feet to a point for a corner; THENCE south 2°37' west a distance of 949.66 feet to a point for a ` corner; ` THENCE south 2('39'37" west a distance of 435.28 feet to a point for a corner; + THENCE south 2°04'27" west a distance of 898.86 feet to a point for a corner; THENCE 83°32'49" west a distance of 1023.43 feet to a point for a corner; THENCE north 64°50'47" west a distance of 407.19 feet to a point for a corner; THENCE north 2013'26" east along the west boundary line of Lot 7, same being the east boundary line of Lot 6, Block F of said } subdivision, a distance of 706.64 feet co a point for a corner- 5 THENCE north 2°48'25" east along said lot lines a distance of 2127.77 feet to a point for a corner same being the northwest corner of said Lot 7 and the southeast corner of Lot 1; `r )y THENCE north 86°26'40" west along the south boundary line of Lot , i, passing at 1393.23 feet the southwest corner of Lot 1 same being the westerly southwest corner of said McDonnell tract and }'.P. the east boundary line of a north and south county road, known as ~s"a> Grissom Road, and continuing for a total distance of 1423.3 feet to a point for a corner in Grissom Road; 15 THENCE north 2°28'38" east. in said Grissom Road a distance of ~f +y4~~ 525.40 feet to a point for a corner; THENCE south 86°04'29" east ;gassing at 30,0 feet the east boundary line of said Grissom Road, same being the west boundary line of said McDonnell tract, and continuing for a total distance of 7z3 681.98 feet to a point for a corner; THENCE south 86°12'07" east a distance of 739,33 feet to a point wr` for a corner in the east boundary line of Lot 1; THENCE north 4°35'20" east a distance of 587.4 feet to a point for ' a corner; 'r THENCE north 3°07' east a distance of 1183.65 feet: to a point for a corner, same being the northwest corner of Lot 2, Block F, same r being the northeast corner of Lot 1, Block F; I~ THENCE north 84°49'20" west ~)assing the southwest corner of Lot r~. ;}r 12, Block B, same being the "southeast corner of Lot 11, BLock B and con,:inuing to a point for a corner, said point bein,; the most southerly southwest corner of a tract conveyed to Mary Louise TS,, Bird, et al by deed recorded in Volume 1035, Page 743 of the Deed Records of Denton County, Texas; ! NOTICE GRISSOM ROAD/SAGE TWO ~f a .r~ ~ r 1';'+S *TS r jt`~~~"1 ~ ~r',, _'i i,x-.' +v n _ 4i r1r ti y a-~..T 'R' ..r 'fr ~.+3~ "Y ,i y,'' '['~}1~ .v i 0 +Y`r. yr ' M G r1 yi' ~l , t '.1 . v~F , t ~ i G~ .f S ~ i5 v,f ,(1 r ~ r.!,(}`1 I 1 r+'' roh r (y', a 'p9~;,(yf )r5 i ■ ~~{{s a4+g p~~r •jk. vy' k i i 7 i THENCE north 3°57'40" east a distance of 64£.13 feet to a point r.4 for a corner; Y THENCE north 83°12'10" west a distance of 693.59 feet to a point for corner; d THENCE north 4°59'40" east passing at 1612.19 feet the northwest R corner of Lot 11, Block B same being the southwest corner of Lot 5, Block B and continuing for a total distance of 4139.96 feet to a point for a corner same Deing the northwest corner of said Bird 1 Tract and the northwest corner of Lot 5, Block B; I j THENCE north along the west boundary line of Lot 12, Block A, passing the northwest corner of said Lot 12, Block A, same being the southwest corner of Lot 6, BLock A and continuing to a point ' for a corner, said point lying in the present city limits, said point also being 350 feet south of and perpendicular to the centerline of U. S. Highway 380; a THENCE northeasterly along the present city limits 350 feet south of and parallel to the centerline of U. S. Highway an approximate distance of 1475 feer_ to the place of beginning and containing 522.76 acres of land, more or less. A Public Heating will be held by and fore the City Council of the City of Denton, Texas, on the day of 1)tll! `f1984, at 7:00 o'clock P. M. in the City Council Chamb s o the Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be • heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City Council ` of the City of Denton, Texas, on the r",-day of , 1984, at 7:00 o'clock P. M. in the Ciy t-Council Cha erg- the / Municipal. Building of the City of Denton, Texas, foY all persons Y interested in the above proposed annexation. At said time and c lace all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. V K FI ~ , MAY Sr STEWART CI Y OF ENTON, TEXAS 3~W 67i ATTEST f CHARLOTTE ALLEN, CI SECRETARY--- 4 a 4• i Ar j t NOTICE GRISSOM ROAD/PAGE THREE r.^, r ~ i ~~.~✓~1 1 ~!y }1 r X ~1 ~..i~ ~a~l~~t}A/Lij ':'I •1 r z { i 1 K _ . } ~ Jj ~ ~ to 1 'lnw~ ~i,7 ~f ~ 'yy~" l r au 1: Y br q ) I Q {~%4{L ~k~~r d 4G'i1•.r S~ i'0.. f^ •.t •iaiir~~ i . i~~~ 1 . u . 3 iii . ti i q'r I ~ til { a r ~ Y n e' r ♦ • 1 ~'n, 1 r~~. r~ki 7 t i ♦ " ii rJ i ~~~4 ~ .y !r 7k' P " r [ c ~ t ~ lll"' ~t ~~Q ~rwiwMl~ipNIM1IR~~lA~ p air NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE, APPENDIX B. ARTICLES 7M' AND 12A OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY E ADDING A NEW USE TO THE SCHEDULE OF USES, PERMITTING THE MIXING AND 1 SALE OF CONCRETE IN VARIOUS ZONING DISTRICTS; BY ADDING SECTION; 4;+ 12A(65) DEFINING AND RESTRICTING THE MIXING AND SALE OF CONCRETE; AND DECLARING AN EFFECTIVE DATE..' r, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: n; w ~Ay SECTION I. That Appendix B, Article 711 of the Code of Ordinances of the City of Denton, Texas, is hereby amended to include the use of~ e S~Yt mixing and sale of concrete, permitting such use as follows: "A. Mixing and sale of concrete shall be permitted with- ~ out specific use permit in the following zoning districts: LI (Light Industrial), HI (Heavy Industrial) i, and PD (Planned Development). The Schedule of Uses shown in Article 7M shall be drawn to show the shaded legend described in Article 7A designat.ing such use is permitted ' in the aforementioned districts. B. Mixing and sale of concrete may be permitted by specific use permit only in the following zoning district: (C) Commericial. The Schedule of Uses shown in Article 7M shall be drawn to show the letter "S" legend as fn % described in Article 7A designating said use may be permitted by specific use permit only in such district. ar C. Mixing and sale of concrete shall be prohibited in allk other zoning districts not listed in paragraphs A and B i. above. The Schedule of Uses shown in Article 7M shall be drawn to show the blank legend described in Article 7A 'C designating said use is prohibited in such districts."° SECTION II. That Appendix B, Article 12A of the Code of Ordinances of the 4 City of Denton, Texas, is hereby amended by adding a new section t (65), which said section shall hereafter read as follows: i usP, "(65) Mixing and sale of concrete: A facility for the mixing and sale of concrete by the yard used for household and small scale do-it-yourself projects and generally established with, but not limited to, commercial rental yards and transported to project site by passenger cars, pick-ups, vans and vehicles not exceeding one and one-half (1-1/2) ton in weight. Such systems shall be subject to the folloxing conditions: (a) Maximum land area covered by facilities for mixing and sale of concrete (excluding storage and parking ox. trailers used for hauling purposes) shall be limited to six hundred (600) square feet:. dd PAGE ONE Y p y r (l i ~ S, r Y '.-i}~...;++ft~ Gi< J.}! 1: 'a Y(v1 R. ~ i Y 1 I . ♦ 'I I ti , 'L fi 1 i ♦ , `L tGy it 1t~, t ! i r `t (b) Maximum capacity of trailer used for transport of 'A concrete to project site shall not exceed two (2) yards F` (8,400 pounds). '.a (c) Maximum height of silo and all related equipment shall not exceed twenty (20) feet. (d) Paved or concrete parking of one (1) space for each ,f six hundred (600) square feet of land area with a ,Y minimum of five (5) parking spaces for customers shall c; d, be provided. x, (e) A solid fence at least ten (10) feet in height ' shall be erected at the facility for screening purposes. (f) The facility must comply with all applicable pollution and noise control standards." 'f. "x SECTION III. That this ordinance shall be effective immediately after its . date of passage and approval. PASSED AND APPROVED this the day of 1984 CIT OF D NTON, TEXAS { ATTEST: ; 412 y CHAR .TIC ALLEN, CITY SECRET ii2 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: E; C. J. TAYLOR, JR., CITY ATTORNEY r ,t CITY OF DEN ;'ON, TEXAS t l BY : C~ R , to;l ~p PAGE TWO A ~i . o . T ,Ct~I NO. --47-' AN ORDINANCE PROVIDI14G 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 EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, acting `j pursuant to law, and upon the request and petition 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 noZ needed for public u-'e, and that same should be abandoned and quitclaimed to Denton Center Joint Venture, A Texas Joint Venture, as hereinafter provided; and g: WHEREAS, the City Council of the City of Denton is of the f opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to Denton Center " ' Joint Venture, A Texas Joint Venture, for the consideration hereinafter more fully set forth; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION I. That the following described tract of land in the City of D,3nton be and the same is hereby abandoned, vacated and closed in.,ofar as the right, title 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 kobert Beaumont Survey, Abstract Nor 31 and being part of the Denton Center-Phase II Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Folsom Inv., Inc. to Denton Center Joint Venture, a Texas Joint Venture by deed dated December 20, 1979 and recorded in Volume 993, Page 369 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at n point in the west boundary line of said Denton Center-Phase II, said point being south 0°16'40" east approximately 973 feet from the northwest corner of said tract and in the east right-of-way lino of Hinkle Drive; THENCE north 89°43'20" east a distance of 433.04 feet to a point for a corner; PAGE ONE n~Y~~~r~^.? x ~•r `T 4..4 .aY ~ k'r iPIS,~.M 'ATt C^17r•"+"y-rq^1: If ~ ~-r. +wr•.y ps•PS +Gi r I+i y i t ~ , x.. i_ t i~~~^'~ "aA ~3'~:}1}+,recr~' r~'~ t ` ti ~ ro W, p Y ' • r ~~~,~Y', ^,.f Via, ~VVJ l p',;Yv 1 wl~1l1►. 'k e r,; THENCE south 0°16'40" east a distance of 10.0 feet to a point for a cociier; -ku THENCE south 89°43'20" west a distance of 433.04 feet to a point `s for a corner in the west boundary line of said tract, same being the east right-of-way line of Hinkle Drive; THENCE north 0°16'40" west along said line a distance of 10.0 feet to the place of beginning. .,5 SECTION II. That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto a and incorporated herein conveying said utility easement described therein to Denton Center Joint Venture, A Texas Joint Venture. 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, whether apparent or not. SECTION IV. This ordinance shall take effect and be in full force anti effect from and after the date of its passage, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the Ia day of , 1984. C. TY OF ENTON, TEXAS ATTEST: C t. JTTZ ALLEN, ULTY AETAYIY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENT0140 TEXAS BY: caajola V- 61t -r- PAGE TWO 4r 1 4, 1 G t i ♦ a" d ~i w C t r 1 ~~w 7[+91°511.QAS"rtfrw s,. ^A I ~ ~~".i '1, 1( 1. ~ 44• ~ f/ 7 w e t~ ~fa,)pC pYjj'~~1~~ F 1 *I. ~ M IM, F4 i2l' t .'a 'L.:l.a'~ lli' 1?.~..tC~ _'.`,_T. - - •i-',,-,- ,1. ;'i'~~i:'_~~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - {r ; K rr, .j r _ 7:_.. _E .r._ l_ t....•.:C~ 'C I V. rr-~to : t~.._.1 L, t'-dCt Cr -:Cr..l _...:C tea; ~;i': G•_. s-t lc: e-C _n Lr r. f .Z t. C:~ \.Ci1 `La tC. r is a~ c t' 1+.. ~.r'Cl 'gin 1]Br(tU11 j-, L: 12 V .1 _L.,_t1Cn, ca 1iG::l t:l: ;1 t0 Ci: C_ C %l,G ILA' JL „c. 71tGn, r„ i ' ':l t:1 1 1 L~ S C :.t V . , lll C . t 0 =Ct G r 1 rll t:J CCi 11V i-•: . Y rr r-.1 vc:_i'7 ;i .=rt Of - t c o'il C6nt<,r Jo=11t i'tcl.tU:c E:'r5 Jl _(1 C, .1tiVl c'_ i.~\ CC:(=l: LctcG Dc CCC.'L r r 0 c i. ~ G r7 17r.C f TCI:C _'l , o~ i. _ c? ;J ~ Yr. e .5x75 C L~:e Dc -d ~.ECOrGS U 11.U r:5 iiS _0 ~Y ~le7r ;G at point in Z: C, r~ c . l_ c o1 `c, Denton Cente, r- `f'~ 1 SCUC,i S:E;4t fT03 .;.,rt'., sSt CCr1: O sa id CL L;it9 f'a:iL rof-t: _v -ne or a.A. e Dr ve; §.1 a ~c ncrtrl O0 east a C--'stcncE of 433.04 feet to a point for a 4y In 0 16 ti 0 east a distance o f 10.0 feet to a pc, inr: for a r: C s c u t , corner; Ti:ii~CE south 8:`43' 20" west a distance of 433.04 feet to a point for a cor n er _n the ti:est boundary line cf , aid tract, sa' e being the east `zy5 i-of - w:v line of Hinkle Drive r ; 8`lt - il:Ei-CE north 0°16'40" west along said line a distance of 10.0 feet to the place of beginning. TO HAVE A1D TO HOLD the said premises, to.-ether with all and sir:g:izr the rights, privi- 'S loges and appurtenances thereto in any manner t=lor.ginr urrlto the said Dento:-. Center Joint . Venture, A. Texas Joirlt Venture, its successors 1 as..izn.., forever, o Chat neither 'the sa;d C%v cf r`'Cilt(::n, Texas, 2 ''Uri1Cinal lornorat:.C'n, -'-S 5UCCeSSC)-S ~ :}}y'-'::: i1' rc: n C.r -f-rcfii:J Ci uila iLd 11:IG~°r ~ `L Si:?a, 1'. t' t:R3C .^.PreaL?r, cr t:t,e to or there- herd 2t 0 -:17 his r ' r A. D. I q LS 71 11 r - .r ~2, _ ~h 2 r - M z 1 1,;n `y ";.'('p,+? ~ f 1 "t`'~ 3~ ' V ie 4 iJ'µ .a~ ,r i~~`~,~N-a'`~y~'q~p.'~{ Y.,xr4'',°. \ iRt`'`♦ ,fi "F`ti. I`? ~..y,a `f ,1 ~,.`~1'~ }IY AN . i. l~,'t ..'.fit .~.1~~r~r[RAf~irG.4~~~i~ 1 L~}~~}°•N. J,•_°y\\~i C.F55 ~i. ,177 ~.~'S 'i~Y~i.. 117V_ 7: ~l .:'.:,lo AND J 1) :TN GT.E :1Cii\U~i'LEDG'dF.\T i-- THE STATE OF TEXAS, r f BEFORE 1[E, t ha CO C\I urd:rs: a_t .r_ :y, Y OF in aad for:a.d C J'.:p . _rl_, un Chis iaj periJn'liy ap eared b7 _ im:n m. and aCkro',c r! c to n,a t;.. kr ran :o be t: e p=r a❑ nar. _ subs_:itad to th a n. r Dins e2:, le i ,i: ~.e. gxtcu ted to C, Y t.."8 p l:'r 1 'o1 C-.- 7 er It in th e re n eX0,E% d. 7 GIVEN UNDER `IF HAND AND SEAL OF OFFICi, Th;; day of A.D. 19.. (L 5.) N !a:y E'ahlie, Coaniy, Texas ' My Commission Expires J°.1re 1. 19 CORPORATION ACKNOWLEDGMENT ` THE STATE OF TEXAS, f BEFORE L~=, t] u,d:rsiSr.vc ear,anty CO';N-rY OF 1)E TOi, n l~xt c o `.f r'" i, and i r:a,i t Co_„y hia db - F so.afiy a?,_a-'j - 0- ~C Mayor of the City Of Denton,, Texas kro.,n to me tote the person anal D=icer { •xh.o~e ca:: < 5 si~d :o the t~rr.';.. ir;:ru . a-.. aekr.e.>•:ed;e'i W me tka: -::"e sage --N-35 the aat of ins saG] C? tV Council of: tRe of• Denton Texas a ~o Frl , S that r a t`e .,o, 13 :r. of u. c :p,ratinn fo, the pupr,;aa a-"d considera.;Jn ther::a e<p. E. a.,J. i,. the Ca idCi'V GI1'E\L'JDEc:!E1-If '1tiDAND 6.:.1irOF OFFICE ,T`,Is...,1~:~ 1.D.1 /1t• r~ j Dt? tton T i_Lf:UF.'S C'EI `r.'CIP'ICA'ic': 61 r, T.' THE STATE 0U TEXAS, L _ c';...`•y k^tc~lcxTr o:~ of +,(:d d ct.. `y :ha: t:x for-7;o:^- nstr. ,=n: if uri:lnpG on the r a~j of A. D, IP ( 1 , s :f A t, -vi, for R` w n.<a.d ,.1 a 5 on day a D. F re:orde.' t,:.t day of 1 D. 1~ at o'clock lt. in t JI ?ai.i ;:I V on pny~s a ri. ` , , r.. : 1. rllP1 .r { S! r a:. l@ :ft I 1•r'i _ , C :aC :1,7, .,.r Ll!: :•'n. 464 ~I . lt. r 3 ` t M, ,.err, S ' Y..<l '~Y'. A vw k M1 , y'C . a f # "a^ti. iii fi'x f, r. r~ AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF " THE CITY OF DENTON, RELA'T'ING TO ELECTRIC SERVICE, TO REQUIRE OWNERS TO FURNISH 'TINGLE PHASE METER BASES; AND PROVIDING AN EFFECTIVE DATE. '"HE COUNCIL OF THE CITL OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That Section 25-23 (c) of Article II of Chapter 25 of the r Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows: "The owner shall furnish, install, and maintain all single phase meter sockets or bases. he design and type shall be subject to the approval of the Director of Utilities or his designated representative. Meter bases or sockets to be used for three phase service (and current transformers) if required, will be furnished by the City of Denton and installed and maintained by the owner." 4 SECTION II. ' yy That this ordinance shall become effective sixty (60) days from and after its :•assage and approval. PASSED AND APFdOVED this the day of =7 1984. C Y OF ENTON, TEXAS ATTEST: i C TE , CITY OF DENTON, TEXAS ' APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY y CITY OF DENTON, TEXAS BY: C{. T "rt? L 1 ~ . / V 01, V r NO. ` AN ORDINANCE :PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT '.'t WITHIN THE CI'CY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A kr. 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 EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deams 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 .,e abandoned and quitclaimed to Rubeck ' Investments, Inc., as hereinafter provided; and r 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 Rubeck Invest- m.-.its, Inc., for the consideration hereinafter more fully set forth; now, therefore, x BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. ' That the following described tract of land in the City of Dent )n be and the same is hereby abandoned, vacated and closed insofar as the right, title 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 A. Hill Survey, Abstract Fo. 623, and being part of Lot No. 1, Block 1 of the Mesquite Ridge Townhouse Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed to Chow Pao-Ching Tsai by deed recorded in Volume 1004, Page 85 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the southeast corner of said Lot 1, Block 1, Mesquite Ridge Townhouse Addition, said point lying north 0°04'40" east 4.8 feet from the southeast corner of the tract conveyed to Chow Pao-Ching Tsai by deed recorded in Volume 1004, Page 186 of the Deed Records of Denton County, Texas, said point also lying in the north right-of-way line of Collins Street; THENCE north 0°04'40" east along the east boundary line of said Lot 1, Block 1 a distance of 25 feet to s point; THENCE south 89°19'31" west 25 feet north of and parallel to the south boundary line of said Lot 1, Block 1, same being the north right-of-way line of Collins Street a distance of approximately 110.05 feet to the place of beginning, said point also being the east boundary line of a public utility easement conveyed to the City of Denton and recorded in Volume 626, Page 223 of the Deed Records of Denton County, Texas; THENCE north 1°03' east along the east boundary line of said easement, an approximate distance of 55 feet to a point for a corner, said point also being the south boundary line of an east and west 16' utility easement as dedicated by said Mesquite Ridge Townhouse Addition; 7M -77-~ r v . 7," i`~' ti~" fy. r ~ ) t n f l / f l ~.r 1 r ~ 1 ♦ f ~4 C a~P~r~C p4 1., .i r,{`~ 1'C' H~ N`~~L~, h:. , h THENCE west along the south boundary line of said easement a distance of approximately 16 feet to the west boundary line of said easement recorded in Volume 626, Page 223 of the Deed ' Records of Denton County, Texas; THENCE south 1°03' west along the west boundary line of said easement, an approximate distance of 55 feet to a point for a corner, said point lying 25 feet north of the south boundary 'r line said Lot 1, Block 1, same being the north right-of-way line -k of Collins Street; THENCE east 25 feet north of and parallel with the south boundary line of said Lot 1, Block 1 sgme being the south right- of-way line of Collins Street a distance of 16 feet to the place pp~^ of beginning. SECTION II. f That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attaclied hereto and incorporated herein conveying said utility easement described therein to Rubeck Investments, Inc. SECTION III. That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all existing zonin regulations and deed restrictions, if any-, and subject to all l existing easement rights of others, if any, whether apparent or not. SECTION IV. This ordinance shall take effect and be in full force and n` effect from and after the date of its passage, and it is so E ordained. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the _ I<zr day of , 1.984. 1 R L O S E T, 0 C1 Y OF NTON, TEXAS ATTEST: I _ LL~- Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: TT- •T-~7 r~iS"3i4, 7..f..d•ST^T3 ~'7jY S ~'~1 r ~ qi,"7A1 !Cr "'4YI A e - ~P x 1~ {fr~lk Q y. a r. w v tr, 1.41 _ 1.1•_ X111 E, :1 L . . , ~l t. •.•1 5 . m~'r•. , J.V°l tL_C- c. nj J:_..:l.;l F.]1] tt^.i. Cam...:?5 e' rL• _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - .,i)%li-J f,;Its.~O)------------------Lf)LL:1nc 1•' G) iC 1:: b."_...;p?i ib)' C'.ti Zr?qnS S, 1%_ C: ti: c:'Ii:1tV Oi Do7:oil :!'.'I State OI 1B::d , t%e IF:?ipt o-' WhiL'B is hereo c!o, by pre_ :-.L. , BARGAIN, SELL, Ri:LEAS2r AND r0 "VFR 1 QUIT CLAE'l : at) the said RL1baCk lntiesrr.:ents, Inc. , its success:)--s 1 all rig-.t title and intr_re: t in and to that certain tract or par• 1 cc! o' land lrir7; in t',-e County o: Denton and State Qf Teazs de mbri a3 follows, to-wiL-L A!- i_C;a: Cortaro 10=, tract 01- parcel of Ian~ fy 0 and p?1n0 situated in t.ne City and Cou(.ty of Denton, State of Texas ~ and being part of tt?a A. Fill Surv y, abstract r+o. 523, and being part of Lot No. 1, Block' 1 of the 'Mesquite Ridge i'o'.anhouse .-.ddition, an addition to the City/County of Denton and also bk)ir!v pail. of e tract of land as .onveyed to Chow Pao- ' C'nini, Tsai b., d2ed recorded is Volume. 100L Page 80 of the Deed F:ecords of L'1 D n-'J 1-1 COUn'-r, Tex -s, and :''Ore? D' rt iCll li?rIy described as LOI IOS;o: ar- t•ae S'J'Lr- ?st corns of Si?id 1,o% 1, B1ock I, iles('Iu1. te R id g r, g e To ',anhousa ` 'i tio.'1 2:.d Coint Ivino'. riL 0o04, iJ Past 4 S i2e t. from tR2 s'-~ l:tR'ast I •'y{'`~ CJ. C. 1 ° 07- cin r :::C- CJ.:Va C to C1..(-,,.. 11 J-Ch'! n- Tsai I),, c,ee'3 Sr(:ei~ i'.i •ar; i. VD.. 100T, .'L. c I.,J 1) C.JrdS (1L Den. OR C-I'm ty', Se..as, said I~':'1 1i:lc2 ''f Collin J" 1. .`IC -3 2 5 i 1..I. ~.~1., a LI 1':':i._=_11 Ci' (IL `r ✓''1'~ L 1 yr34 ` f_ls'.1nu,' , 1.._. .1. C11:•C ! '_I cl-' --.LO:1' tl-i2 i.J L7 Cj .1.. O:. L: YO 301[1`_ L~)T 8 Ci) :C'C, S'L~ 1 U a?z;~ }1~~1 t,'.? C 1 8[1 e .15 L" a i.d Y to, llt=.l i C '-ni'. i1S ta. 1C:, •ai., e' O i(l ec 5i. 2n r l.iS tan': O~ a~`~-~';-? .a ="1V I~ LC;'.t LSl_ :._.e 0L sa'..d ease:Jilt re )r ''i (~'+C!(1T LC.I LIl L!, is 0. 1),. 1t:on Co un tV, 1_ 1S; 11 r ' S, ti._'. ~ ' ~I1G 317 ti Sin: e~~dll', a a_.'1 I-' t_.~ C a -DD nt 'or d CIJ r, y:1 1..o nt 'L -I -1 7 P_. 0 t% SOI:t'' DC^11 '~a_; ILI'.2 G 1. J~ I, d10Ck CO u31.R i l,.,r,.•-, + Zt 0 ra, in rC_ 1rin ~E rls,_ _'5 f'C nC' L of t ( DL:. j 1 11 o sa -i Lot 1, clock I s _le Jc._i ti:_'. o n 0 3 d i S t"l e Oi 10 LF at to t('~ thin O.:r T o ..:11 ' ll ll.il ) t: '•Li:?r R:i:1 all s1nt;:iiai priii- L ~ ~j' ftt _'-i 1. I ~ t ~ 1. l~il •~(..'i 1 1 •7 ~1{y 1 M¢.G F L - ~ rr n : a, r v 1 ~i 1 'i.~y Y i-.l % ~ 11 d ti 1..t e,_r z ,v (,!~il~~' kSa is r' 113 S1•'Y {y 11 Y 2, 4~ F''%L JI 'j~l ,.,Ik y1 'rl Ii z,~t' lur. ~:_"i._.vl X~.v I'.IE ST-.TJ O T EXAS, ~ i d ~r c`I 1t P . 'n r t,~ f•. 1_~il .....I 1, C:_ I (dr ill.' fj~I, - w ...=,ATI .-..t., 5:.'.1, C•~ 1_~:'r It r_ .r cf . A.DJ .1Ci\\1)11'L'tD(;111:.NT TIi? ~'T:1TI: 0:, rCI:X:`,C, 1 _...:he urcvei ed uthetify, ~-INTO, ::,,r ~.::'c•:'::..3 ?ra5. ('.1'. t~:~~'r',: I c.{~ TCi 0. CCf4: c.TC, 'OY of ;.nC, r 1 Gf 1)°_i' L:0-1, Texas '^.7 f c l.. .r 'c c.._.1.. r. i.9e -ei C. _ iC f.,e r:e R'i5 L2t Cf P n _ ( t.G Cc, ' r` ._I of ° L, 7. V of 1\t?Tl L~1, u.l.L i~ 1 1 i tLErcin , OV - -C'}~. ,t', i•.J cry c`.._''~r_c , A.D. 1P. S,... T ~ `l L l(:_7 l.~ 1 E1: CLIJ:N%' CEIR'lI ICAIE THE .~TATH' 01'' TH:.ai::~S, ! t, County COL';: i O Clerk rf t},~ Cr,:n;y Court nr 5;1. (1 CO -1 rp he:kby certif.; that ,he fo:E~Ciag irstrnn,eri Ct' vrilir.g dat•-d Cn the day of A. D. 1? With i:s C:rfiScfte of Anthen',ication, uas filyd for record ir, ra,: ef9ae on the day of A. D. 19 at o'clo:k M., and duly recorded Shia day of _ A. D. 1,2 zt 0,0(oCk hf., m the ReiCCda e` acid ClVrty, in \'ottlre,. o-1 pages _ IVIT\ES' MY HAND AND SEAL OF THE 1:OL'\'f T (,O %T Cf s.i:d Count. , at c Hce in ; . _ . the d,c and curt List ❑b , tcrit:on. ,'Cunty Clerk,, Couriy, T(-xas. T] C . _ _ 1 s V) O r r. ~i f^: 11 r4 C - _ f, •r~ ft: ' r .y its t,., r. , r: I~ , p\'.. '"S i.''}~'i~~( f..': i > ~ t,'..rs 1 (13 ~r,+ r tl- ` ~ { r a.:.{nr t`w w~iiJ %tl.t~^0 '•.~rj,,~ ti 19t+,.{~iy ; yy 4 r CONTRACT FOR l ENGINEERING SERVICES (Raw Water Pumping Improvements STATE OF TEXAS ) CM M OF D&ANN ) THIS CUNTKACP entered into this p~ Day of , 19642 by and between ttie City of Denton, Texas, uer hatter called the Uwter, acting by and tnrougn Richard U. Stewart, its Mayor, duly authorized to act, and Freese and Nicnols, Inc., Consulting Engineers, Fort worth, Texas, hereinafter called the Engineer. WITNE:SSETH, tnat in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: 1. employment of Engineer: The Owner hereby employs the Engineer and the Engineer agrees to perform all necessary professional services as herein set forth in connection with the engineering services relating to the evaluation and design of tae Kaw Water Pump at the Raw Water Pump Station. il. Cnaracter and Extent of Services: The Engineer shall perform professional engineering services comprising a structural and nydraulic analysis and preparation of construction documents for installing a new S iiGD Raw Water Pump at the existing raw water pump station on Lake Lewisville. III. Scope of Services: 'l'ine scope of worx shall include the following: A. Investigate structural adequacy of pump station structure. d. Analyze hydraulic capacity and effect on existing pumps. C. Prepare a design report for approval prior to starting, design. D. Prepare plans and specifications for me replacement of the existing 4 MGD raw water pump and related valves, piping, and electrical equipment with a new 8 MGD raw water pump and appurtenances. E. Advertise the project, assist the City in receiving bids, evaluate the bids received, make recommendations for contract award, and conform documents for contract execution. Gy49U:1 ~ -2- F. Conduct pre-construction conference and furnish General Representation relating to site visits, pay estimates, shop drawing review, etc., during construction. Work will ue performed on a cost tines multiplier basis, in accordance with the Scnedule of Charges as set forth in Section V herein, with a riot co-excee;l cost of *24,80U. IV. Time of Completion: The Engineer shall begin work on this project witni.u two weeks alter receipt of authorization to begin and to complete the work required to prepare a design report and contract documents, including plans and specifications within eight (8) weeks after authorization. V. Fee: A. The Owner agrees to pay the Engineer for all services rendered under this contract ii accordance with the Schedule of Charges as follows, with a not to-exceed cost of $24,80 without prior approval from the City of Denton. 1. Staff Members: Salary Cost times Multiplier of 2.3. Salary cost is defined as the cost of salaries of engineers, draftsmen, stenographerF, surveymen, clerks, laborers, etc., for time directly chargeable to the project, plus social security contrioutions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, sick leave bonuses, vacation and holiday pay applicable thereto. (Salary cost is equal to 1.39 times salary payments. Tnis factor is adjusted annually.) L. Otner Direct ExEx en-se: All otner direct expenses shall he charged at actual cost times multiplier of. 1.15. Other direct expenses shall include pr:.nting and reproduction expense, communication expense, travel, transportation and subsistence away from Ft. Forth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons or agents other than staff members. 3. Payment - Payment will be made on statements submitted y tli-e-Engineer. Statements shall not be submitted at intervals of lr_zs than one (1) month. I.949U-2 Vt. Successors and AssignLj nts: The Owner and the Engineer, each binds himself, his successors, executors, administrators and assigns of the other party to this Agreement, and to the successors, executors, administrators, and assigns of such otner party in respect of all covenants of this Agreement. Neither the owner nor the Engineer shall assign, suulet or transfer nis interests in tnis Agreement without the written consent of the other. This Contract is executed in three counterparts. IN TESTIMONY HEREOF, tney have executed this Agreement, the day and year first above written. ATTEST: CITY 01' DENTON TEXAS OWNER C LOT 'E ALLEN, CITY SECRETARY 1 R CITY OF DENTON, TEXAS ITY y DENTON, TEXAS (CITY SEAL) FREESE & NICNULS INC. ENi~INu!':R WITNESS: L J es R-dls Yr ent Z949U-3 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON Q THIS AGREEMENT, made and entered into this g__ day of day A.D., 19 g4 , by and between the City of Denton of the County of Denton and State of Texas, acting through G. Chris Hartung thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Fred Hubni E, Rte. 2, Box C64 Denton, TX 76201 of the City of Denton , County of Denton and State of Texas Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNEQ, the said Party of the Second Part (CONTRACTOR) hareby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain in-provernents described as follows: Labor and materials to construct a 40' x 70' storage__ _ shed as er Bid #9265-Purchase- Order VOMA3261 and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement; and at his for their) own proper cost and expense to furnish all the materials, oupplies, machinery, equip- yq4 , tools, super5tendenr.e, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with t.h, condiLions and price; stated in the Proposal attached Loreto, and ill ac'ordi nce with all the General Conditions of the Agree o nt, the Special Cc,r•diKorns, the Notice to Bidders (AdverLisoment for bids), Instructions to Bidders, all attached hereto, and in accordance with the pla;is, ►;•hich incladeS all maps, plats, blueprints, and other drawinc!s and printed or written explanatory riatter thereof, and the Specifications therefor, as prepared toy - chasing_De~artment-- _ City of Denton, -Texas _ , all of-i-;hich ar made a part hereof and collectively evidence and _c-onstitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in a written notice to commence work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time as are pro- vided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices sWoin in the Proposal, which forms a part of this Con- tract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above vrritten. ATTEST: 4`,} C~ it o ton p - Pa y of h F* t' Pant`, (SEAL) ATTEST: Fred f;ubnik Party of the Second Part, CONT9_ATT_ R Q - _ - / i - PY - Ti t e _ (SEA.I_ ) APPROVED AS TO [M;.: City to.r1 REAL PROPERTY RECORDS REAL ESTATE LIEN NOTE $203917.85 Denton, Texat4553 For value received, I, We, or either of us, as principals, promise to pity to the order of The City of Denton, Texas in Denton County, Texas, the sum of Twenty.- -ThQueand Nine Hundred Seventeen Dollars and Eighty-Five Cents, ($20,917.,85), in legal and lawful money of the United States of America; with interest thereon .from date hereof until maturity ,at the •ratt of eight percent (8%) per annum; matured unpaid' 'principal.and, interest shall. bear interest at the rate of ten .,percent! (10%) .per annum from date of maturity until paid. This.note is due and payable as follows, to-wit: The interest payable annually, the first annual interest payment to be paid on or before February 1, 1985 and the principal payable in full on or before five (5) years from date hereof. This note may be paid in full at any time without penalty. It is expressly provided that upon default in the punctual payment of this note or any part thereof, principal or interest, as the same shall become due and payable, the entire indebted- ness secured by the hereinafter mentioned lien shall be matured, at the option of the holder; and in the event default is made in the prompt payment of this note when due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through Probate, Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten percent (10X) additional on the amount of principal and interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives y all notices, demands for payment, presentations for payment, notices of intention to accelerate the maturity, protest and h notice of protest, as to this note and as to each, every and all installments hereof. Payment hereof is secured by a lien on the following described real.property situated in Denton County, Texas, to-wit: 391.50' fee: of property abutting the west side of Ridgeway Drive in the City of Denton, Denton County, Texas. EXECUTED this the day of _ , 1984. COLSON, INCORPORATED C SON REAL ESTATE BY BY- BILL ) COLVILLE BILL L B1' 4it-~ BYo.~dF_® Ci;y o enton „l~N 1 5 39&} KEAL ESTATE LIEU NOTE-PAGE 1 ~n THE STATE OF TEXAS § P COUNTY OF DENTON § This instrument was acknowledged b'efore' me on the 9 day of , 1984 by B1.11 Colville of Colson Real Estate and Biro v'TiIle of Colson, Incorporated, . of Denton,` Texas, on behalf of said Colson Real Estate and said Colson, Incorporated. ESL , A E OF -I LAAb TAKv6 My Commission expires: 4 •~y-_~ao~_ THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of , 1984 by Larry Wilson of Colson Real Estate and Larry Wilson of Colson, Incorporated, of Denton, Texas, on be.,~lf of said Colson Real Estate and said Colson,.Incorporated. MME N. , 71, tN i My Commission expires: REAL ESTATEi LIEN NOTE-PAGE 2 I y~I~•~,~y~,JI~i1~ f fJ~' -eot- rt O 0 M ti if r CIS- ca 0 0 (D t$ 2 rt N \ y o to t~ n° r F-3 N ti z !D rt W W a m r zz tr N A. ri [*7 yr ~LL°7ti .M #fb'CII ,nl7 h RSA f •fJl I c~li',~,* 4 + ri', REAL ESTATE LIEN NOTE V111210PAGE 235 $16,029.00 Rol,! PROPERTY RECORDS Denton, Texas '7386 For value deceived, It We, or either of us, as principals, promise to pay to the order of The City of Denton, Texas in Denton County, Texas, the sLm of Sixteen Thousand Twenty-Nine Dollars ($16,029.00), in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity at the rate of eight percent (870 per annum; matured unpaid principal and interest shall bear interest at the rate of ten percent (10%) per annum from date of maturity until paid. This note is due and payable as follows, Lo-wit: The interest payabl= annually, the first annual interest payment to be paid on or before February 1, 1985 and the principal payable in full on or before five (5) years from date hereof. This note may be paid in full at any time without penalty. It is expressly provided that upon o"de.fault in the punctual payment of this note or any part thereof, principal or interest, as the same shall become due and payable, the eptire. indel;tedness `sibau~ed by the hereinafter mentioned lien shall be matured., at"`he option of the holder; and ir the event default is'made~'•in the prompt, Pgoient of this note when due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same or the same is collected through Probate, Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten percent (10%) additional on the amount of principal-and interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note and as to each, every and all installments hereof. Payment hereof is secured by a lien on the following described real property situated in Denton County, Texas, to-wit: 300' feet of property ab,,,tting the west side of Ridgeway Drive in the City of Denton, Penton County, Texas. EXECUTED this the g~4 day of January, 1984. TOM FOUTS FRANK CROCKETT THE.STATE,OF TEXAS g 'GOLiN~Y;I(UI~,;'DENTON § All This instrument was acknowledged before me on the /02 day of January, 1984 by Tom Fouts of Denton, Texas. OTAKY-F , .'T1A'fE- E Afx.`ti~{~iuai~'i:)n' expires. / o= is instrument was acknowledged before me on the day of v ~'ai►1 99.4 by Frank Crockett of Denton, Texas. 9.4e NOTAKY PUB" My Commission expires:- t-\ CAJ 1~ ylnHa H C ~ H ~r C~7y C ty p C7 ~ inrtOCZO l . YtS 0 rnzz z z LfFJ?1 H a zo x ~ H H w` ,,rb'~ Owe T4 3 F u,vcty ' roses 4w A was ~WP 20 2,odtW P. woo 00100 V-3 A ISO it :3 y 9 t aM tuam^ XBTp Is), A ststt 1 3sgd0~~lIOA I r. REAL ESTATE LIEN NOTE VL1340v 237 $6,533.95 RRI MAR1~yi g +i'[ OM Denton, Texas MOM 7387 For value received, I, We, or either of us, as principals, promise to pay to the order of The City of Denton, Texas in Denton County, Texas, the sum of Six Thousand Five Hundred Thirty.-Three Dollars and Ninety-Five Cents ($6,533.95), in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity at the rate of eight percent (8x) per annum; matured unpaid principal and interest shal'1 bear interest at the rate of ten percent (10x) per annum from date of maturity until paid. This note is due and payable as follows, to-wit: The interest payable annually, the first annual interest payment to be paid on or before February 1, 1985 and the principal payable in full on or before five-';(5) years goes.. date hereof. This note may be paid ''in 'full• ae %eny" time without penalty. It is expressly provided rnat upon default in the purictt##l pay- ment of this note or any part thereof, principal or interest,-4's1`pbe same shall become due and payable, the entire indebtedn'e'ss secured by the hereinafter mentioned lien shall be matured, at tha option of the holder; and in the event default is made in the prompt payment of this note when aye or declared due, and the same is placed In the hands of an attorney for collection, or suit is brought on-same, ue the sane is collected through Probate, Bankruptcy or other judicial proceedings, then the makers agree nrd promise to pay ten percent (10x) additional on the amount of principal and interest then owing, f as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note and as to each, every and all installments hereof. Payment hereof is secured by a lien on the following described real property situated in Denton County, Texas, to-wit: 122.29' feet of property abutting the west side of Ridgeway Drive in the City of Denton, Denton County, Texas. EXECUTED this the! ~L day of January, 1984. t • .r SOUTHRIDGE ITED PARTNERSHIP BY - N' ~lHE-8TA:T$ 0 TE S § tWN This instrument was acknowledged before me on the day of January, 1984 by Da•vid Dunning of Southridge Limited Partnership, on behalf of said partnership. OTA IIB , STATE OF TEXAS ~ NoncY Vo.+ //rrri°r~ My Commission expires: _ o H O C.V 0 H O i Oil 0 n ~ z oFFR 10 O y C+Y Q H 7nC z H tv v Z Z O t 0 d z ro O~ ZO ~~f.. W IA x H ro ,SOO ;If t. RIF s t 1~' 1 W~~y,ovw '•1~~~,gaUQ1a~1~~' ~W gold ab F% IOul SIS ti Ay~~ .tV~ I 00 rnM I III` I I i I F REAL ESTATE LIEN NO': E VUL 1340PAGE235 $40,352.47 Denton, Texas REAL PROPERTY RECOR61 7383 For value received, I, We, or either of us, as principals, promise to pay to the order of The City of Denton, Texas in Denton County, Texas, the sum of Forty Thousand Three Hundred Fifty-Two Dollars and Forty-Seven Cents ($40,352.47), in legal and lawful money of the United States of 1AmeNica, with interest thereon from date hereof until maturity at the .'rate of eight percent (8%) per annum; matured %npaid principal and interest shall bear interest at the rate of ten percent (10X) per annum from date of maturity until paid. This note is due and payable as follows, to-wit: The interest payable annually, the first and0al interest payment to be paid on or before February 190.5 -and. the principal payable in full on or beforg 'fi~te (5), ,gears fXom date hereof. This note may be paid In tuk•at any 'tigi'e without penalty. It is expressly provided that upon default ,iw,0e 'punctuat': pay- ment of this note or any part thereof, principal or interest, as the same shall become due and payable, the entire indebtedness- secured by the hereinafter mentioned lien shall be matured, at the 4f.j,on of the holder; and in the event default is made in the prompt payment of this note when.due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, it the same is collected through Probate, Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten percent (10%) additional on the amount of principal and interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note and as to each, every and all installments hereof. Payment hereof is secured by a lien on the folluwing described real property situated in Denton County, Texas, to-wit: 755.24 feet of property abutting the east side of Ridgeway Drive in the City of Denton, Denton County, Texas. EXECUTED this the day of January, 1984. 'SOUTHRIDGE ITED PARTNERSHIP j' BY: lle62 N '11 t 11E STATE 0 T S COUNTY OFIM4 This instrument was acknowledged before me on the day of January, 1984 by David Dunning of Southridge Limited Pa nership, on behalf of said partnership. i 140TBLI~STATE OF TEXAS No,cy 110f; /lenv~~ My Commission expires: / HHO V ° O Q~f ff4R 10 a. 5S o H CA M N '~f H H dt O H ti 22O 4 "z z x H too • °z z P IA srtP ~y11~ 00 So. 1'WO go ~ ~ 7 r IOA tiff L~ti ~F, (IF LiE.,~ I f ~ nn RUI PROPERTY RECORDS THE STATE OF TEXAS KNOW ALL aTE.r :.z i'iiESE PFF_S£\7S! i~cli ~5 Cf ."P rU:E C~ 0" C S: Ct cf. TF\G~, Or, trl ..,n1' 0{ Ecc,rdt Cl in Vo:LP.nw ~.V P~gE of the ?;Ecordc id Cc t: E L'\I EF.S?( \EU, owner gad CSC ali ;::CEO":E(: rlEc.. rc'i'J 1'ru „elder tti.e tE I'^1F C': F;:;i: ...,E C:E (1CI --s Fe.'Ur. ".r :nE L.,.. ~.i C'... c'r t-:' CEi- e t; r, er the LE rn-s h i _ - i 7K :C... 0 1 r►071 "1ETE5 ~(I ~,I!.nC DE SEP1Ci 1~!i 67551 ACz (!60,105 SR. E,T, celnC a tract or parcel Of lnnf containing 3.57551 acres, situated in the Jc` n Survey, hbstract 7197, Denton Count l', Texas, and bet n0 more particul?+`~' described by metes and bounds as follows: C ''`'E';Cihu at the most west. rly corner of Lot 1, Flock 1, Dunning Subdivision {0.7722hrE? as filed for Pecord on De:e-iber 3O, 1983 in Cabinet "C", PCs. 355 and HE C. .P,., seine corner being in the easterly R.C.n, line of Piece-wEy Drive {based on a width of BO.OC feet} and also `)EinC ir: the arc of E curve to the r',ch', naV'ine a Central arcle of 42' 36' 00 a radius c- :25.71 feet and a iE^th of 245.334 feet; it a southerly direction, along said easterly line of Ridgeeav Drive, fo'+lowire said curve to the right, an Erc distance of 20.334 feet to the ;oint of curve of said curve to the right; 7HE1.„_, S CC" 05' 14" W, continuing along said easterly R.O. h'. line of Ridgeway Dri'v'e, a distance of 145.911 f°et to the POIi-1 OFF EEGIN-I'I NG Of tF:e tract herein described; { Th r,C~, 54' 46" E, a distance of 92.05 feet tc E corner of the tract herein described; TFEP;H , S C-Dc 05' 14" E, a distance of 18.00 feet to ar interior corner of the tract ferEln described; C THr,- CE, 54' ~6" E, a distance of 95.44 fet to a corner of the tract herein described; I I`~[IICE, S 44' 43' 54" N, a distance of 21.1- Feet to an lnter`or terner or the tract Ferein described; TL,uiCE, it 29" 54' 4E" E. E dIS.ErcE Cf 55.64 TEEt to the point of curve Of a Curve to the right; THENCE in an easterly direction following said curve to the right,hatrinc a i central encle of 44c 49' 05111 a radius of 160.3D feet, a length of 126.16 feet and a chord bearing S 67° 40' 4O" r'., a distance of 121.99 feet t0 the Point of tangency of said curve; TFERCE, S 450 16' 05" E, a distance of 143.17 feet 'c an interior corner of the tract herein described; TF,E" E, N -t"43' 541, E. a distance of 15.C"D i-eEt to a corner of the tract herein L~; . 6 66 a d1s,ErcE o- E.. .e. .c^E c;, eas, rly cc,r^e. Cr 4;' SL rc dlstar`Ce Cf `:E. LL c^ Cr CCrfc, ~c tract ~ErE'n described; :c :E' OE' :r Cf "act 'e Eln FE" gin. G u ta~[E c'i C~.'. 1;: 7EC. -2~ ccL:Ficri~' [c"rEr Cf tFe tr?ci iErair dES[r1bEd; I . 1 l ~I A, F, `I c d',Mnce of 225.0? feet t0 a interior corner of the tracj rerein described ISEN:E, 4 45c 05' 14" WI a distance of 3100 feet to an in' . tract ~ interior corner of the THEM , S MY' 46" 'n, a distance of 211.74 feet to a point in the easterly R.C.Y. line of ideewav Drive, sane being the most westerly southwest corner of t`e :ract herein described; THIE'F':^. N COc 051 14" 4, aGn,. said easterly of P.O.W. line & R1GQ°'~zy Or1ti, a distance o, 319.00 feet to tFe P0I47 Or C:.n "Gf." of e' ,~I~iu 0 ihQ tract herein de- Lr bot,1ccrtai'Grre,go ithi .these metes and bounds _.67551 acres (40,105 sq. f.! ard, r less i Compiled by: IVE;E1ELD ENSINEE?ING COYANY April 4, 1924 SEE SKETC'- OF AME METV AND 5^UNDS ON E; ~HE 1 iT "A" ATTACHED HERETO. i ~i lI I i I I i r M:11:A5L (IF LIEN j ,,t in c1q I " .c0 F C,GF . f REAL PROPERTY RECORDS 3J353 THE STATE OF I EX ASS KNOW ALi, MEN By THESE PRFSENTS: COUNT]' CiF 1~nf;LAS]% G.? fJi,. of o-. certain, pr0r,',issory note c; a _r1C C. S: ~L.- C; -V .1,:~. - :Ea-1I1C _71t<._E:St a r I a ~a~l:_e t~- the csC"=- Cl THE C.:_ sec,:,-td b}' the llEn~ 11:'fi'; lC3e(: U1' IE i[:inEd 1.". r, c'cl ~c:E LNC, CXeC".ilHi t,t' SCl:th_ Cf nartnc'rshiL t0 CITY C: DENTON DENTON dated the =lth 6av of Januarv ]Sri- nleci f(r record in LK:its Co'ant~% Testis, ol. the if)th daY 01 ecru. r. I`. c recorder Vco arne 134'0 I Pare ~ G Cf,t1'rE C - .J C REC'C1'GF Cf SL:r COI:'t}', th, T NDERSIGNED, o-,'~ rier and ~ a] t .'.c:..]er of ,li 1nGE'bteciness r2iured u::dey ,!e ter-r,F of 4ar.1 Fea z_ State: L_en te C10 re....=t al li ns sec.:rir, .he p::Yn1ELI 0f st.id note c c,-,}_r li.... created Under the terns Cnf ;aid Ir:S'. i'11aiEnI aWi:.nzi the land S. "t' .r1C:.__ G N.' D _.,CO r.L ?oR:OSES I~..7a.•t ~a~(T4 C `a, fit: Pi E,U: i..^.e VndCl.irf_.eu }l'c5 E'J.e C1'. Ied Crf. lc.ati r 1:~' - 7.-" T 77 icha°c Q C_Er. rr 'a or r 7. 1 1 METES AND c''WNDS MCC,, T10~ 37551 ACRES ;162,105 A .T' Eeing a tract or parcel of land containing 3.67551 acres, situated in the John Mck wan Survey, Abstract 797, Denton County, Texas, and being more particularly described by metes and bounds as follows: COWENC10 at the most westerly corner of Lot 1, Slock 1, Dunning Subdivision (0. 772 acre;' as filed for Rec)rd on December 30, 19£3 in Cabinet "C", Pgs. 355 and .,^6 D.C.P.R., sane carne" being in the easterly R.O.W. line of Ridgeway CriveJ{baser on a width of 8'0.00 feed and also being in the arc of a curve to the right, having a central arylE of 42` 38' W", a radius of 329.71 feet and lerctt of 245.334 r et; THENCE, in a southerly direction, along said easterly R.O.W. line of Ridgeway ~ Drive, following said curve to the right, an arc distance of 20.334 feet to the point of curve of said curve tc the right; f THENCE, S 000 05' 14" l,', continuing alone said easterly R.0 W . line of Ridgeway Drive, a distance of 145.9: feet to the 731:; OF BEGINNING of the tract herein described; THENCE, N 89= 54' 45" E, a distance of 52.05 feet to a corner of the tract herein described; THENCE, S (00 05' i4" E, a distance of 12.OC feet t: an interior corner of the tract herein described; H_N',,., N E. 546 E, a distance of 44 -D rn_r of the tract herein descr tad, THENCE, 5 440 43 54" a disc2.. ~ -ce ^f 21.7 not :p E- interior corner of the tract herein described,; THENCE, N G' C " t- > ~y 5ti 43 , a Wi5tanC- of . iEF. T7 "E q',r,t of curve of d curve to the right; THENCE, in an easterly rirection, following said curve to the right,'having a central angle of 44= 49' 00, a radius of 160.00 feet, a length of 125.16 feet and t chord bearing S 671 40' 40" E, a distance of 121.99 feet to the point of tangency of said curve; THENCE, S 45° 16' 06" E, a distance of 143.17 feet to an interior corner of the tract herein described; THENCE, 1; 4443' 54" E, a distance of 15.00 feet to a corner of the tract herein described; ^EnCE, S 45c 15' 06" r, a dist2ncs of 51.47 fe=.t in the r.ost tasterly corner of V e tract `Erein dEscribed; ZkCi, C CC' 43' 5:1 W. a disn7c e of 171.22 nest to ;n interior corner of the -rant hEreir described; f SENC:, C obo 16' oe" E, a distance of 7.0 reci to a corner of the Iran Herein described; THENCE, 5 440 43' 54" r;, a distance of 295.01 fEEt to he :st southerly corner cr the tract hErein described; • I i4 +1 \ i f . z A <An n7 r. THENCE; N 00° 05' 14" h', a distance of 226.07 feet to an interior canner of the tract herein described; THENCE, N 45` 05' 14" W, a distance of 30.00 feet to an interior corner of the tract herein described; THENCE, S 89°54' 46" W, a distance if 211.74 fEet to a point in the easterly R.O.W. line of Ridgeway Drive, same beirS the most westerly southwest corner of the tract herein described; THENCE, N 00` 05' 14" 1, along said easterly R.O.W. line of Ridgeway Drive, a distance Df 319.00 feet to the POINT OF BEGINNING of the tract herein de- scribed, containing within these metes and bounds 3.67551 acres (160,iC5 sq. `t.) of lend, more or less. I Compiled by: i INTERFIELD ENGINEERING COMPANY Aorii 4, 1984 SEE SKETCH OF ABOVE METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO. 9 1X0 4=4081 UTILITY EASEMENT ~ a 04 M, SPAR STATE OF TEXAS R!* Fvr1s►~ ( Ii4bU1► y r'~ N COUNTY OF DENPON KNOW ALL MEN BY THESE PRESENTS: O e,Pimited Partnership, That S?uthri Being the owne_......in fee simple of the hereinafter described property in Denton, Denton County, Texas, do in consideration of the sum of One Dollar ($1.00) to.:`*.* ,,...............in hand paid by the City of Denton, the receipt of which is hereby acknowledged, grant, sell, transfer, release and forever quit-claim unto the said city of Oenton, its successors and assigns, art easca',ent fvr utility purposaS SAid easement being in, upon, under, over, across and along the following described tract or parcel of land and being more particularly described as follows: ***Southridge Limited Partnership Beina• a tract of land 20 feet wide and containing 0.0933 acre out of. Lot It Block 1, Lunning Subdivision, as recirded in Cabinet "C", Pages 355, 356 of the Plat Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the southwesterly corner of said Lot 1, being also on the arc of a curve to the right for the easterly 80 foot right-of-way line of Ridgeway Drive; THENCE, along said easterly right-of-way line and along said curve to the right having a central angle of 35° 58' 1311, a radius of 329.71 feet, (long chord bears N 211 25' 54" E, 203.611), a distance of 206.99 feet to a point on the southwesterly line of an 18 foot wide utility and drainage easement; THENCE, departing said right-of-way line, and along said easement 'line, S 47* 27' 00" E, a distance o`. 20.03 feet to the point of curve of a curve to the left; THENCE, departing said easement line, and along said curve to the left, having a central angle of 361 47' 9511, a radius of 309.71 feet, (long chord bears S 200 49' 17" W, ]-)5.441). a distance of 198.64 feet to a point. on the southerly line of said Loc 1; THENCE, N 711; 13' 16" W, Nlong said southwesterly lot line, a distance of 20.79 feet to the POINT OF BEGINNIN(', containing within these metes and bounds 0.0931 acre (40057 square feet) of land, more or less. I David W:,PPA.I)iV9..c1- hereby agree, rind and obligate. Southridgq,p,tcj,,PArtpprship ..and . its ..............successor# heirs cv assigns, that no.fences or buildings shall be placed in, on oz along said easement. The c%mer, successors, or assigns shall retain the right to construct pavement, signs, parking lighting & to landscape in said easement. The use of the subject easement by the City of Denton shall not interfere with owner's right of ingress and egress. The city will mAintoin the easement at its own expense, and shall replace and or relocate any of owners' improvements located on the easement whenever replacement or relocation is necessary for the city's maintenance of this easement. TO HAVE Alf.) TO HOLD the above described property and easement for utility purposes, together with ell the rights and appurtenances thereto in anywise be- longing to said City of Denton, its successors and assigns forever. However, it is expressly provided, that if said easement or any part thereof is ever discontinued for utility purposes, the title thereto shall revert to the then owners of said property, the right and privilege being reserved to the City of Denton, its,auccess- ors, assigns or Agents, to go upon said premises at any time for the purpdsb'~f.'i! removing, repairing or replacing any utility thereon or thereunder. IWO It is understood that this easement is for the purpose of granting a perpetual righr of access and for any purpose by the City of Denson. EXECUTED this , 5th.......... day of....KAK0 ....................0 A.D...1~8.`~... .9............ ..4 r: . . t Southrid~e Ltd... Pa ership . r by David W. Dunning, .its, Managing Partner APPROVED: , Description and Conditions; Form: . . . . Assistant Director ty Attorney THE STATE OF TEXAS, 'CUNTY OF DENTON Before me, the undersigned authority, on th_s day personally appeared............ ...........,e•...... „t,. Uown to me to be the person whose name............ ' ...s crib to the foregoing instrument and acknowledged to me that...... 3+$......:. IL executed the same for the purposes and consideration therein . AYE Given under my hand and seal of office this the...... day of .~.N.~ ~.~..•,A• g• s r" Notary Publi rr Denton CountY1 TKF SATE OF TEXAS. COUNTY Or DFNTO Before me, the undersigned authority, on this day personally appeared. David Managing Partner of the Southr dge ,4im}}edChinninq.. pWSIdent )ok tAn R. XVtM above named, known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. Given under my hand and seal of office thig the.day of J.[f':~~r=•, A.D. 194n•/• N44 Pry,~yblic in and for. • . • • . De o{C unty, Texas c • N,K~i'L'~ 'a., 1 , ~ 1141? *177 'C i':nin f" )'A r r A 96-WARRANTY DEEL> Witk Gnual aad C=9oration Acknowkdammu MARTIN Sµcia Coy., Dal" THE STATE OF TEXAS_ vOG PacF t) Know All Alen By These Presents: County of.......DENTON REAL PROPERTY RECORDS 7381 That DENTON RESIDENTIAL N.V., a Netherlands Antilles Corporation afxwowt4yac ,ttecom for and in consideration of the sum of ---------------------Ten and No/100 ($10.00)------------ DOLLARS, to it inhandpaidby the City of Dencon, Texas, a Municipal Corporation have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey ant,. the said City of Denton, Texas, a Municipal Corporation of the County of Denton , State of Texas WK21{tXCEXXX All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. McGowan Survey, Abst. No. 797 and also being part of a tract of land as conveyed from Herbert D. Weitzman, Trustee to Denton Residential N.V. a Netherlands Antilles corporation by deed and recorded in Volume 986, Page 923 of the Deed Records of Denton County, Texas, and more particu- larly described as follows: BEGINNING at a point in the South boundary line of said tract, said point lying south 89150'25" west (By deed South 88140'15" West) 1163,66 feet ;nest of the southeast corner of said tract; THENCE South 89050'25" West (By Deed South 89040'15" West) along the South boundary line of said tract a distance of 92.50 feet to a point for a corner; THENCE North 29058'11" East, a distance of 1840.20 feet to the begin- ning of a curve to the left with a radius of 757.74 feet, central. angle of 30°12'36" and chord of North 14151'53" East, 394.92 feet; THENCE Northeasterly along said curve to the left, an arc distance of 399.53 feet to a point for a corner; THENCE North 0014125" West, a distance of 1.68 feet to a point for a corner in the middle north boundary line of W.6 tract; I voL 1340Ph,E224 THENCE South 89°02'10" East (By deed North 89047140" East) a distance of 80.02 feet to a point for a corner, said point lying 185.22 feet west of the middle northeast corner of said tract, Eaid point also being the beginning of a non•-tangent curve to the right with a radius of 837.74 feet, central angle of 30112'36" and a chord of south 14°51'53" West, 436.61 feet; THENCE Southwesterly along said curve, an arc distance of 441.71 feet to a point for a corner; THENCE South 29058'1111 West a distance of 1793.77 feet to the place of beginning and containing 4.0757 acres of land more or less. This conveyance is made and accepted subject to any and all easements, reservations, zoning ordinances, conditions and other exceptions on the above described F.roperty. TO HAVE AND TO HOLD the a'.rove described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal Corporation, its successors does XIiOWand assigns forever; and it Xghereby bind itself, its successors, XbtRX executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said C,ty of Denton, Texas, a Municipal Corporation, its successors XilF.H~rC and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under Grantor but not otherwise. Witness hand at this day of bp-~ 0 A.D. 1982 Witnesses at Request of Grantor: At5T..1 DEN RESIDENTIAL N.V. BY..;_........... rdon dwards,° Mana.gin r.Director I VOL 1340oAGE225 ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF......... in and for said County, Taw, on this day personally appeared _ _ known to me to be the person- -.-...-.whose name...... ......-subscribed to the foregoing instrument, and acknowledi ad to me that ..........he....... executed the same for the purposes and comlderation therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE, Th>s...._ ...._...day of._-...._.............. A.D. 19.._....... (L. S.) - Notary PubUc,..._.__....... .............County, Teas My Commission ExpL-s June 19.._........ ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF_........ In and for said County, Texas, on this day personally appeared _....._....___..W known to me to be the person .........whose name _...subscribed to the foregoing Instrument, and acknowledged to me that ._.._..be_.__._executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ....._..day of.__.__._..... A,D. 19 S.) Notary Texas My CommUsion Expire 19__..+ 5W/T2?n/6Z4,ORP0RAT1ON ACKNOWLEDGMENT THE STATE 6F49)CA-S, BEFORE ME, the undersigned authority, Cl A oB u ENDerAJ OF....... Sw.lae3ca•~~ r _ in and for slid Teass, on this day personally appeared..-_._ Gordon A. Edwards , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said a....1`in-.rx r d .et.h.e.r.14nd.s....An.tr.il,le.$.._corgora.t on.__._._...... a corporation, and that be executed the same as the act of such co ioration for the puryew and corvideration th.rein expressed, and in the capacity therein staled. D~ N GIVEN UNDER MY HAND AND SEAL OF OFFICE, This..................... ...day of A.P. 19_8 _ (L.S.) ~j ~ ~ rf A pz ~paaK* ~ ( Notary u6 U TTT''' 4 1~ a1y Commission Expires June... ~'~Y..4Xy......, t9..... THE STATE OF TEXAS, COUNTY OF...... County Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on tha.._.._.-...__ _._.._._..day of A.D. 19_.».., with its Certificate of Authentication, was filed for record In my office ~I ors ehe._............. _day o[_......... A.D. 19 at........ ..»...and was duly recorded this............... day of.._......... , A.D. 10............, aL...... ..........o'clock_._....._._.. _M., in the Records of said County, in Vol- ume _ on pages WITNESS my band and seal of the County Court of said Cour-ty, a. my office in .........................._..............................._....._.._......-.........................._._.._....».the day and year last above written. Clerk County Court ........County, Texas 8y.r_..._.......... Deputy. Oro 9>eWt'8~y p"R/ gas 9yn ~~sw11 04 9u ►ey~ uCJ 4 ti~9's1 "po IVA yti]~ ~p11y1~ rl~ q~x+1'~ y G' j I ! i -J I ( I Id ! e p ~ o^ 3. tl~~ ~ I 1 ~ o .o~l,~ ~ 33K i ~ c 171 r] I `rH p iv~ ! i I j I i~ tzj O it1i g 4~ H 1 r 0~'n~ i IH I iH $ y LQ gg I a ~ I IH II333 IT trpi iN ! 3! ~9pd s If:: nJ~(aGE 1~:~ RE:U. ESTATF. LIEN NOTE 23'' 57 19,758.54 REAM PROPERTY RECORDS Denton, Texas For value received, I, We, or either of us, as principals, promise to pay to the order of The City of Denton, Texas in Denton County, Texas, the sum of One Hundred Nineteen Thousand Seven Hundred Fifty-Eight Dollars and Fifty-Four Cents ;$119,758.54) in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity at the rate of eight percent (89.) per annum; matured unpaid principal and interest shall bear interest at the rate of ten percent (10%) per annum from date of maturity until paid. This none is due and payable -is follows, to-wit: The interest payable annually, the first annual interest payment to be paid on u: before February 1, 1985 and the principal payable in full on or before five (5) years from date hereof. This note may be paid in full at any time without penalty. It is expressly provided that upon default in the punctual payment of this note or any part thereof, principal or interest, as the same shall become due and payable, the entire indebtedness secured by the hereinafter mentioned lien shall be matured, at the option of the holder; and in the event default is made in the prompt payment of this note when due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through Probate, Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten percent (107.) additional on the amount of principal and interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices intention to accelerate the maturity, protest and notice of protest, as to this note and as to each, every and ail installments.hereof except as provided herein. Payment hereof is secured by a lien on the following described real property situated in Denton County, Texas, to-wit: 224'..41 feet of property abutting the west side of Ridgsway Drive in the City of Denton, Denton County, Texas. It is Expressly agreed that, should maker transfer, sell or convey the above- referenced properLy to a third party, and should said third party assume the terms, conditions and obl.'gations contained in this note, then maker is automatically released from any and all liability under this note. It is expressly agreed that should default be made IT, any installment of principal or interest when due, the holder shall give the maker written notice of such default by cerkified mail, return receipt requested, setting forth each default and the amount of money necessary to cure each such default, and if each such default is not cured within thirty (30) days from receipt of such-written notice by maker, c/o Henry S. Miller Company, 2001 Bryan Tower, Suite 3000, Dallas, Texas, 75201, attention: Kenneth M. Shulman, the whole sum of principal and accrued interest, shall, at the sole option of holder, become immediately due and payable. Each subsequent owner of the property shall be entitled to the same rights and ptlvileges as maker has with regard to notice and right to cure any default in this note, but only after such owner has notified holder of such owner's address for receiving such written notice. Maker and/or a subsequent owner of the property may from time to time give holder written notice by certified mail, return receipt requested of another address for written notice. EXECUTED effective the 1st day of May, 1981. DENTON RESIDENTIAL N.V. Y: CORDON A. EDWARDS, Managing Director THE STATE OF TEXAS 5 3 COUNTY OF DALLAS 4 Thiil t was acknowledged before me on the JZI/l day of April, 1984, by GO ;,A` Managing Director of Denton Residential N.V., a Netherlands Antill'$tPQ ~ on behalf of said corporati.-)n. C.CJ- ti;,1 rr ` ota y Publics S to of Texas I vot :3~ur,,GE765 w 4 ft r► b - 0 ti M +-3 ` d y b -rI r" p 0 iL t+3 ~ m 0 0 t' rt H C') - - Fi. Ch C a z C% N z q G 1 qp r ~ REAL ESTATE LIEN NOTE .,`_UL:r~1E 6U _ $119,441,70 . Denton, Texas REAL PROPERTY RECORDS , For value received, 1, We, or either of us, as principals, promise to pay to the order of The City of Denton, Texas in Denton County, Texas, the sum of One Hundred Nineteen Thousand Four Hundred Forty-One Dollars and Seventy Cents ($119,441.70) in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity at the rate of eight percent (8Z) per annum; matured unpaid principal and interest shall bear interest at the rate of ten percent (107.) per annum from daL )f maturity until paid. This note is due and payable as follows, to-wit: The interest payable annually, the first annual interest payment to be paid on or before February 1, 1985 and t`.,e principal payable in full on or before five (5) years from date hereof. This note may be paid in full at any time without pen-.ty. It is expressly provided that upon default in the punctual payment of this note or any part thereof, principal or interest, as the same shall become due and payable, the entire indebtedness secured by the hereinafter mentioned lien shall be matured, at the option of the holder; and in the event default is made in the prompt payment of this note when due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through Probate, Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten percent (102) additional on the aerount of principal and interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment) presentations for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note and as to each, every and all installments hereof except as provided herein. Payment hereof is secured by a lien on the following described real property situated in Denton County, Texas, to-wit: 2235.48 feet of property abutting the east side of Ridgeway Drive in tha City of Denton, Denton County, Texas. It is expressly agreed that, should maker transfer, sell or convey the above- referenced property to a third party, and should said third party assume the terms, conditions and obligations contained in this note, then maker is automatically released from any and all liability under this note. It is expressly agreed that should default be made in any installment of principal or interest when due, the holder shell give the maker written notice of such default by certified mail, return receipt requested, setting forth each default and the amount of money necessary to cure each such default, and if each such default is not cured within thirty (30) days from receipt of such written notice by maker, c/o Henry S. Miller Company, 2001 Bryan Tower, Suite 3000, Dallas, Texas, 75201, attention: Kenneth M. Shulman, the whole sum of principal and accrued interest, shall, at the role option of holder, become immediately due and payable. Each subsequent owner of the property shall be entitled to the same rights and privileges as maker has with regard to notice and right to cure any oefault in this note, but only after such owner his noti:ied holder of such owner's address for receiving such written notice. Maker and/or a subsequent owner of the property may from time to time give holder written notice by certified mail, return receipt requested of another address for written notice. EXECJPED effective the 1st day of May, 1984. DENTON SIDE9NNTIIALL N.V. ~t C RDON A. F.DWAR , Managing Director THE STATE OF TEXAS 4 i 'LAn TY OF DALLAS 4 This, it ttit~iq ' acknowledged before me on the Lrlday of April, 1:184, ORDONing Director of Denton Residential N.V., a Netherlands half of said corporation. l l es'cof~ b;gt~ .M1Y C, + . Arc:A No ar Public, Sta[ of Texas •~c~t ~~~~r:,cE~f 7 wA y .9~.w Lt Ayn fJSJ~ L^ ro. ~ r G7 i o ?9 i ° ( co is (D co d N r3 v rt P. p O CL H ;1 rt tD m :a .r W p rr C CO i .1 z y t~ 1 =0 L7 w z o w H C t2i a Prepared by the State Bar of Texas for use by lawyers only. Reviewed 1.1.76. Revised to include graitee's address (art. 6626, RCS) 1.1.82. vol. MIAOFArAz QUITCLAIM DEED REAL PROPERTY RECORDS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESEN COUNTY OF DALLAS That Dimension Development Company, Inc. of the County of Dallas State of Texas for and in consideration of the sum of TEN 010, 00) DOLLARS in hand paid by the grantee herein named, the receipt of whicl, is hereby acknowledged, have QUIT- CLAIMED, and by these presents do QUITCLAIM unto the City of_ Denton,_ Texas . - of the County of . Denton State of... Texas _ all of Dght, title and interest in and to the following described real property situated in Denton. County, . Texas, to-wit: SEE EXHIBIT "A" kI I TO HAVE AND TO BOLD all of its right, title and intere t in and to the above described property and premises unto the said grantee. their _ heirs and assigns forever, so that neither it.... -nor heirs, legal representatives or assigns shall have. ~Ih have, claim or demand any right or title e W the the I aforesaid property, premises or appurtenances or any part thereof. ,II i, EXECUTED this _ .13th day of Janua_ry, _ , A. D. 104 . . ATTEST: DIMENSION DEVELOPMENT COMPANY, INC.,,. G.. George A. Schmidt, Michael L. N es~detyt Assistant Secretary L t. ' • Mailing addre:s of each YYgnIA~!'~~ OP GF204 Name: Name: Address: Address-. (Acknowledgment) STATE OF TEXAS COUNTY OF This instm 1,tnt was ackr.owledgec, tef, •e me on the day of 19 , by My commission expires: Notary Public, State of Texas . Notary's printed name: (Acknowledgment) STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 19 , by My commission expires: Notary Public, State of Texas Notary's printed name: (Corporate Acknowledgment) l~ STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the 13th day of January 1984 , by Michael L. Neary President of Dimension Development Company, Inc. ' a ..Texas corporation, on behalf of said corporation. ray ~mrttrssi . } Notary Public, State of Texas Notary's printed name: AFTE'RRit'O~tDING RETURN TO: C. J. Taylor, City Attorney City of Denton, Texas Municipal Building Denton, Texas 76201 f k 4 ,z r ` VU 1340?AGF205 EXHIBIT "A" In the City of Denton, Texas, of the County of Denton, State of Texas all that cer -ain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. McGowan Sulky, '+bst. No. 797, and also being part of a tract of land o..s conveyed from Shaul C. Baruch to Dimension Development Company, Inc. by deed recorded in Volumc 1284, Page 718 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the most southerly Southwest corner of said tract, said point lying in the East right-of-way line F.M. 2181; THENCE Northwesterly along the Southwest boundary line of said tract, same being the Northeast right-of-way line of F.M. 2181, with a curve to the left with a chord of North 17149110" West, 277.62 feet, radius of 761.78 feet and a central angle of 20059153", an arc distance of 279.18 feet to a point for a corner; THENCE North 1004117" West, a distance of 314.28 feet to a point for a corner; THENCE North 89°43104" West, a distance of 315.77 Feet to a point for a corner in said Southwest boundary line of said tract, same being the Northeast right-of-way line of F.M. 2181, said point also being the beginning of a non-tangent curve to the left with a radius of 761.78, central angle of 15048119" and a chord rf North 70°38'18" West, 209.48 feet: THENCE Northwesterly along said curve, same being the Southwest boundary line of said tract and the Northwest -ight-of-way line of F.M. 2161, an arc distance of 210.14 feet -.o the Southwest corner of said tract, same being the Southeast corner of a tract conveyed to John J. Cassata by deed recorded in Volume 1077, Page 6)6 of the Deed Records of Denton County, Texas; THENCE North 0°39' East along the West boundary line of said tract, same bP'_ng the East boundary line of said Cassata tract, a distance of 11.52 feet to a point for a corner; THENCE South 89143104" East, a distance of 511.77 feet to a point ' for a corner; THENCE North 1104117" West, a distance of 151.33 feet to the beginning of a curve to the right with a radius cf 1040 feet, central angle of 31102'28" and a chord of North 14026157" East, 556.57 feet; THENCE Northeasterly along said curve to the right an arc dis- tance of 563.44 feet to a point for a corner; THENCE North 29°58111" East a distance of 506.59 feet to a point for a corner in the North boundary line of said tract, said point lying South 89050'25" West 2256.38 feet from the Northeast corner of said tract; THENCE North F9150125" East along the North boundary line of said tract, a distance of 92.50 feet to a point for a corner; THENCE South 29°58111" West, a distance of 553.02 feet to the beginning of a curve to the left with a radius of 960 feet, central angle of 31°02'28" and a chord of South 14126157" West, 513.76 feet; THENCE Southwesterly along said curve to the left an arc distance of 520.10 feet to a point for a corner; o-. 13 INGE206 THENCE South 1004'17" East, a distance of 811.48 feet to the place of beginning and containing 3.9522 acres of land more or less. I Q`y iu~`1%01 i6 'y x0 Yn ~1~i~ Vol v5s Vol- J `C 9 O H O a~ y I v t Mrt .4 ~ - - tl o e H Q LJ 7 n'd [~Tf C7 ~'i ~sva kOA k rt C, coz o~~i , •t l Rut PROPERTY RECORDS Yb1131NGE211 PARTIAL. RELEASE OF VENDOR'S LIEN AND DEED OF TRUST LIEN ! THE STATE OP TEXAS COUNTY OF (JAN%Q/V ) KNOWN ALL MEN BY THESE PRESENTS: That the undersigne3, of Bexar _ County,. Texas is the legal and equitable owner and holder of that certain vendor's lien Promissory Note in the principal sum of one Million Seventy Five Thousand Dollars ($1,075,000.00), dated September 12, 19831 executed by Shaul C. Baruch payable to the order of The Synod of Texas Presbyterian Foundation, as described in and secured by a lien retained in a Deed from The Synod of Texas Presbyterian Foundation to Shaul C. Baruch, dated September 12, 1983, and recorded in Volume 1260, page 287, of the deed records of Denton County, Texas; secured also by a Deed of Trust from Shaul C. Baruch to F. Ward Steinbach, trustee, dated September 12, 1983, and recorded in Volume 1260, page 291, of the Deed of Trust records of Dallas County, Texas. In consideration of ten Dollars ($10.00), receipt of which is hereby acknowledged, the undersigned hereby discharges and releases property described on Exhibit "A", attached hereto, a portion of tho property described in the above-mentioned Deed and Deed of Trust, from all liens held by the undersigned to secure payment of the above-mentioned Note. However, it is agreed that this is a partial release only, and shall not affect the lien secured by the above-mentioned Deed and Deed of Trust as to the remaining property described therein. Executed or, January 27, 19 84. THE SYNOD OF TEXAS PRESBYTERIAL: FOUNDATION By: Its., President _ vc~ 1340?iG'E214 THE STATE OF TEXAS 1 COUNTY OF BEXAR BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Denrood L. Hawthorne , known to me to be person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said The Synod of Texas Presbyterian Foundation, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. UNDER MY HAND AND SEAL OF OFFICE, Thid 27 day of A.D. 1984. • • .cam. J a Fern Ma s ury Notary Public, Bexar County, Texas ,I4 Commkgsion Expires: Aprift 20, 1985 va 1340?, F215 EXHIBIT "A" In the City of Denton, Texas, of ~:he County of Denton, State of Texas all that certain lot, tract or r+:,rcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. McGowan Survey, Abst. No. 797, and also being part of a tract of land as conveyed from Shaul C. Baruch to Dimension. Development Company, Inc. by deed recorded in Volume 12840 Page 718 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the most southerly Southwest corner of said tract, said point lying in the East right-of-way line F.M. 2181; THENCE Northwesterly along the Southwest boundary line of said tract, same being the Northeast right-of-way line of F.M. 2181, witn a curve to the left with a chord of North 17049110m West, 277.62 feet, radius of 761.78 feet and a central angle of 200591530, an arc distance of 279.18 feet to a point for a corner; THENCE North 1004117" West, a distance of 314.28 feet to a point for a corner; THENCE North 89043104" West, a distance of 315.77 feet to a point for a corner in said Southwest boundary line of said tract, same being the Northeast right-of-way line of F.M. 2181, said point also being the beginning of a non-tangent curve to the left with a radius of 761.78, central angle of 15048119" ane. a chord of North 70038118" West, 209.48 feet: THENCE Northwesterly along said curve, same being the Southwest boundary line of said tract and the Northwest right-of-way line of F.M. 2181, an arc distance of 210.14 feet to the Southwest corner of said tract, same being the Southeast corner of a tract conveyed to John J. Cassata by deed recorded in Volume 1077, Page 606 of `.he Deed Records of Denton County, Texas; THENCE North 0039' East along the West boundary line of said tract, same being the East boundary line of said Cassata tract, a distance of 11.52 feet to a point for a corner; THENCE South 89043104" East, a distance of 511.77 feet to a point for a corner; THENCE North 1004117" West, a distance of 151.33 feet to the beginning of a curve to the right with a radius of 1040 feet, central angle of 31°02128" and a chord of North 14026157" East, 556.57 feet; THENCE Northeasterly along said curve to the right an arc dis- tance of 563.44 feet to a point for a corner; THENCE North 29058111" East a distance of 506.59 feet to a point for a corner in the North boundary line of said tract, said point lying South 89050125" West 2256.38 feet from the Northeast corner of said tract; THENCE North 89050125" East along the North boundary line of said tract, a distance of 92.50 feet to a point for a corner; THENCE South 29°58111" West, a distance of 553.02 feet to 4-he beginning of a curve to the left with a radius of 960 fe central angle of 31°02'28" and a chord of South 14026157" West, 513.76 feet; THENCE Southwesterly along said curve to the left an arc distance of 520.10 feet to a point for a corner; THENCE South 1004117' East, a distance of 811.48 feet to the place of beginning and containing 3.9522 acres of land more or less. A, r. r' ~lNa c b n~i r *010 q MP rlAo,s OJI'l W-0 1001 go INOV _J 100, ry fI J G J ^'yY Ci ~ fD r / r~l ~w _ of 1 ` CJi L r IcE~,t Ropr ERIY REGARDS PARTIAL RELEASE. OF VENDOR'S LIEN AND DEED OF TRUST LIEN THE STATE OF TEXAS COUNTY OF DENTON ) 71380 KNOWN ALL MEN BY THESE PRESFNTS: That the undersigned, of Collin County, Texas is the legal and equitable owner and holder of that certain Promissory Note in the principal sum of Two Million Thirty Eight Thousand Six Hundred Eighty Dollars (2,038,680.00), dated Octorer 26, 1983, executed by Dimension Development Company, Inc. payable to the order of Shaul C. Baruch, as described in and secur, d by a lien retained in a Deed from Shaul C. Baruch to Dimension Development Company, Inc., dated December 26, 1983, and recorded in Volume 1284, page 718, of the deed records of Denton County, Texas; secured also by a Deed of Trust from Dimension Development Company, Inc. to Glen E. Turner, trustee, dated December 26, 1983, and recorded in Volume 1284, page 718, of the Deed of Trust records of Denton County, Texas. In consideration of Ten Dollars ($10.00), receipt of which is hereby acknowledged, the undersigned hereby discharges and releases property described on Exhibit "A", attached hereto, a portion of the property described in the above-mentioned Deed and Deed of Trust, from all liens held by the undersigned to secure payment of the above-mentioned Note. However, it is agreed that this is a partial release only, and shall not affect the lien secured by the abov, mentioned Deed and Deed of Trust as to the remaining property described therein. Executed on ! 3 , 19 SHAUL C. BARUCH i THE STATE OF TEXAS I .va 1340?sGE219 COUNTY OF BEFORE ME, the undersigned authority, in nd for said County, Texas, on this day personally appeared SHAUL C. BARUCH 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. GIVEN UNDER MY HAND AND SEAL OF OFFICER, This j day of l J_ 4_k c• , A. D. 19N Notary Public, e)~,4-tla County, Texas My Commission Expires ,~r• R ~r~vr~'Jt ~nh.. rv4r:ER r~.• frc•r.. . Clle i f•.♦ 1• v VOL 1340Wit?2O EXHIBIT "A" In the City of Denton, Texas, of the County of Denton, S'..te of Texas all that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. McGowan Survey, Abst. No. 797, and also being part of a tract of land as conveyed from Shaul C. Baruch to Dimension Development Company, Inc. by deed recorded in Volume 1284, Page 718 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the most southerly Southwest corner of said tract, said point lying in the East right-of-way line 1'.M. 2181; THENCE Northwesterly along the Southwest boundary line of said tract, same being the Northeast right-of-way line of F.M. 2181, with a curve to the left with a chord of North 1704911011 West, 277.62 feet, radius of 761.78 i.et and a central angle of 20059153", an arc distance of 279.18 feet to a point for a corner; THENCE North 1°04'17" West, a distance of 314.28 feet to a point for a corner; THENCE North 89043104" West, a distance of 315.77 feet to a point for a corner in said Southwest boundary line of said tract, same being the Northeast right-of-way line of F.M. 2181, said point also being the beginning of a non-tangent curve to the left with a radius of 761.78, central angle of 15048119" and a chord of North 70*38118" West, 209.48 feet: THENCE Northwesterly along said curve, same being the S lthwest boundary line of said tract and the Northwest right-of-way line of F.M. 2181, an arc distance of 210.14 feet to the Southwest corner of said tract, same be.:ng the Southeast corner of a tract conveyed to John J. Cassata by deed recorded in Volume 1077, Page 606 of the Deed Records of Denton County, Texas; THENCE North 0039' East along the West boundary line of said tract, same being the East boundary line of said Cassata tract, a distance of 11.52 feet to a point for a corner; THENCE South 89043104" East, a distance of 511.77 feet to a point for a corner; THENCE North 1°04'17" West, a distance of 151.33 feet to the beginning of a curve to the right with a radius of 1040 feet, central anr.le of 31°02128" and a chord of North 14026157" East, 556.57 feet; THE14CE Northeasterly along said curve to the right an arc dis- tance of 563.44 feet to a pol.it for a corner; THENCE North 29°58111" East a distance of 506.59 feet to a point for a corner in the North boundary line of said tract, said point lying South 89°50125" Nest 2256.38 feet from the Northeast corner of said tract; THENCE North 89050125" East along the North boundary line of said tract, a distance of 92.50 feet tc a point for a corner; THENCE South 29058111" West, a distance of 553.02 feet to the beginning of a curve to the left with a rarlius of 960 feet, central angle of 31002128" and a chord of South 14026157" West, 513.76 feet; THENCS Southwesterly along seid ,urve to the left an arc distance of 520.10 feet to a point for corner; I Uj I VOL ~3~OPbGE~41 THENCE South 1004117" East, a distance of 811.48 feet to the place of beginning and containir)g - 3..9522 acres of land more or less. ti`s. t ~ uno3 uol'~ab to p u~~l r~l oN ul P~4+~ WON, V, WOO 0*0 go 64 104044 1 1~{ kluailOU ~ ~ ovw,S M • il3 0 lglt qjvsv* * YP Px'3 s WTr i 3 V; I~^ r 1 4CFD r r Cs J C-M 30rd iUl1 Jam. X10+_ ~~~?iGf~' - RCAI PROPERTY RECORDS PARTIAL RELEASE OF VENDOR'S LIEN AND OEED,OF TPUST LIEN THE STATE OF TEXAS ) COU14TY OF Qallu!) ) 7378 KNOWN ALL MEN BY THESE PRESENTS: That the undersigned, of 811da S County, Texas is the legal and equitable owner and holder of that certain Promissory Note in the principal sum of Three Million Nine Hundred Sixty Five Thousand Dollars ($3,965,000.00), dated October 26, 1983, executed by Dimension Development Company, Inc. payable to the order of Northpark Savings Association, as described in rind secured by a Deed of Trust from Dimension Development Company, Inc. to Jack D. Watson, Jr, trustee, dated October 26, 1983, and recorded in Volume 1284, page 737, of the Deed of Trust records of Denton County, Texas. In consideration of ten Dollars ($10.00), receipt of which is hereby acknowledged, the undersigned hereby discharges and releases property described on Exhibit "A", attached hereto, a portion of the property described in the above-mentioned Deed and Deed of Trust, from all. liens held by the undersigned to secure payment of the above-mentioned Note. However, i, is agreed that this is a partial release only, and shall not affect the lien secured by the above-mentioned Deed of Trust as to the remaining property described therein. Executed on Jonuliry , 198` . NORTHPARK SAVIt.GS ASSOCIATION ATTEST: By: I t Ufa /~,e..+ By - Its: THE STATE OF TEXAS von 1340PaGE209 ) } COUNTY OF ) BEFORE ME, the unCersigned authoritr, in and for said County, Texas, on this day personally appeared J ayC Wo"f5oo I _ , known to me to be person and officer whose name is subscribed to the foregoing instrument s~ }}and acknowledged to me that the same was the act of the said IVOf~!h pdc, SauiVvAS o`.tc;Jicm a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. G~ GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of hA , A.D. 19g7. Notary Public, 013L County, Texas 4 f+t n`.issiolh Expires: 'I ^~fz1o EXHIBIT "A" In the City of Denton, Texas, of the County of Denton, State of Texas all that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. McGowan Survey, Abst. No. 797, and also being part of a tract of land as conveyed from Shaul 2. Baruch to Dimension Development Company, Inc. by deed rrcn+-?ed in Volume 1284, Page 718 of the Deed Records of Denton C.)unty, Texas, and more particularly described as follows: BEGINNING at the most southerly Southwest corner of said tract, said point lying `.n the East right-of-way line F.M. 2181; THENCE Northwesterly along the Southwest boundary line of said tract, same being the Northeast right-of-way line of F.M. 2181, with a curve to the left with a chord of North 1700110" West, 277.62 feet, radius of 761.78 feet and a central angle of 20°59'53", an are. distance of 279.18 :'eet tc1 a point for a corner; THENCE North 1°04'17" West, a distance oil 314.28 feet to a point for a corner; :uENCE North 89043104" West, a distance of 315.77 feet to a point for a corner in said Southwest boundary line of said tract, same being the Northeast right-of-way line of F.M. 2181, said point also being the beginning of a non-tangent curve to the left with a radius of 761.78, central angle of 15°48`19" ane.. a chord of. North 70038'18" West, 209.48 feet: THENCE Northwesterly along said curve, same being the Southwest boundary line of said tract and the Northwest right-of-way line of F.M. 2181, an arc distance of 210.14 feet to the Southwest corner of said tract, same being the Southeast corner of a tract conveyed to John J. Cassata by deed recorded in Volume 1077, Page 606 of the Deed Records of Denton County, Texas; THENCE North 0039' Fast along the West boundary line of said tract, same being the Fast boundary line of said Cassata tract, a distance of 11.52 feet to a point for a corner; THENCE South 89043'04" East, a distance of. 511.77 feet to a point for a corner; THENCE North 1004117" West, a distance of 151.33 feet to the beginning of a curve to the right with a radius of 1040 feet, central angle of 31°02'28" and a chord of North 14°26157" East, 556.57 feet; THENCF Northeasterly along said curvy to the right an arc dis- tance of 563.44 feet to a point for a corner; THENCE North 29058113" East a distance of 506.59 feet to a point for a corner in the North boundary line of said tract, said point lying South 89050125" West 2256.38 feet from the Nort;,cast corner of said tract; THENCE North 89050125" East along the North boundary line of said tract, a distance of 92.50 feet to a point for a corner; THENCE South 29°58111" West, a distance of 553.02 feet to the beginning of a curve to the left with a radius of 960 feet, central angle of 31102'28" and a chord of South 14026157" West, 513.76 feet; THENCE Southwesterly along said curve to the left an arc distance of 520.10 feet to a point for a corner; vot 1340P,GE211 THENCE South 1004117" East, a distance of 811.48 feet to the place of beginning and containing 3.9522 acres of land more or less. I iu ~ S~~~M~^p" nP W ~ qs9 l k i4 1 Wrp.r4W p P41 00r go 1 VWL 10 lp 00 y D O , *Ilk c-n c Cli m J GZZ~'!d4~~ti gun ~ 1, ~f i 1~ 1 volt 1340r.cf233 REAL ESTATE LIEN NOTE $1002694.18 REAL PROPERTY RECORbj Denton, Texas 74185 For value received, I, We, or either of us, as principals, promise to pay to the order of The City of Denton, Texas in Denton County, Texas, the sum of One Hundred Thousand Six Hundred Ninety- Four Dollars and Eighteen Cents ($100,694.18), in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity at the rate of eight percent (8X) per annum; matured unpaid principal and interest shall bear interest at the rate of ten percent (10X) per annum. from date of maturity until paid. This note is due and payable as 'follows, to-wits.,, The interest payable annually, the"firdt- aniggl inte.rt3lt payment to be paid on or before Februaryy -66V.: 4e principal payable in full on or before•five (5) yebrp,_from date hereof. This note may be paid in full] at' any !kYe without penalty. It is expressly provided that upon default in the punctual pay- ment of this note or any part thereof, principal or interest, as the same shall become due and payable, the entire indebtedness secured by the hereinafter mentioned lien shall be matured, at the option of the holder; and in the event default is made in the prompt payment of this note when due.or declared due, and the same is placed in the hands of au attornby' 'for collection, or suit is brought on same, or the same is collected through Probate, Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten percent (10X) additional on the amount of principal and interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note and as to each, every and all installments hereof. Payment hereof is secured by a lien on the following described real property situated in Denton County, Texas, to-wit: 1884.60' feet of property abutting the east side of Ridgeway Drive in the City of Denton, Denton County, Texas. EXECUTED this the +3 ~ day of January, 1984. DIMENSION DEVELOPMENT COMPANY,.S~t. ~_d BY:~ , /1 a.-S THE STATE OF TEXAS ~ 4 •e\ t . a ~y COUNTY OF (UY This instrumen as ac" ow bd d before me on the r ~h day of Janua>pyj8k by (L of Dimensio{~Tev'elopment C0 y`~~1(~ 1 o said Dimension ev opment Company. .Com~ItA_dn ' expires: - C7N nPO I I. .li i J.• i,~'. O z ~O ZHHO H V1 ZUri47 r~.' H H cU r o y f~R 14 55 ° to a H H d C t~*1 O M H 1,' z o r t' C!1 ;K HZ ~q „ ZO °z z rn h7 pfF;T1 ~ 2 N ►C O ~ 'j H H 00 ~ T~~r~ 11oP~ • ~ v • 63A a sci,l Pi wt'rw WAI cv~ ~p 'I ~Va] IW~iW 1 ~r W.0 vo*0 l 001 yylO ~LG3~pd~~~~ 1011 I { r i REAL REAL ESTATE LIEN NOTE voL 1340PAGE227 ' $27,343.87 Denton, Texas 7882 For value received, I, We, or•either of us, as principals, promise to pay to the order of The City of Denton, Texas in Denton County, Texas, the sum of Twenty Seven Thousand Three Hundred Forty-Three Dollars and Eighty-Seven Cents ($27,343.87), in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity at the rate of eight percent (8%) per annum; matured unpaid principal and interest shall bear interest at the rate of ten percent (10%) per annum from date of maturity until paid. This note is due and payable as follows, to-wit: The interest payable annually, 'the first" annual interest payment to be paid on or before February 1, 198),g9d, the principal payable in full on or before five (5) years from date hereof. This note may be paid in full at any time without penalty. It is expressly provided that upon default in the punctual pay- ment of this note or any part thereof, principal or inte'rest, as the same shall become due and payable, the entire indebtedness secured by the hereinafter mentioned lien shall be matured, at the option of the holder; and in the event default is made in the prompt payment of this note whea6lue or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through Probate, Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten percent (10%) additional on the amount of principal and interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note and as to each, every and all installments hereof. Payment hereof is secured by a lien on the following described real property situated in Denton County, Texas, to-wit: 511.77' feet of property abutting the north side of Ridgeway Drive in the City of Denton, Denton County, Texas. EXECUTED this the ~3-h. day of January, 1984. DIMENSION DEVELOPMENT COMPANY,3~~'.. BY: ""f, i THE STATE 0 ERAS § COUNTY OF t* 't$tyument } as ack ow ed ed before me on the day of Jau r; F' 3g' by + L of Dimension Development Co;'o,Ql;bf .2 tl~ 15w sa mess on ev opment Company. Alf- Y ? My Commis a ion expires: - -p tri MHO n z to ~ 0 n ~ o x z 1~, IJ 55 K o r~ Q z u~ zoE r~ 0 y yz~ e o c M t8 rn 0 O y O H O zo z Uir z old 0% tri NOS ~ H O r t~~ a [ri fn pot r V LM1 4o lore f 11V 93 x$61 ..a. aGip° ~Wy N{l'{° 1~p f+4'{SRI y~a~Cf,4a ay { Wool 04 it sit pit ISO 0-%3 ~jgg IV W9 1 j s u°1°xi wo MNy° pt~a1 I u~p solo 34 szz30VODCT10^ vas 1340nbcE231 REAL ESTATE LIEN NOTE $82,049.25 REAL PROPERTY RECORDS Denton, Texas For value received, I, We, or either of us, as prinIPM.4 promise to pay to the order of The City of Denton, Texas in Denton County, Texas, the sum of Eighty Two Thousand Forty-Nine Dollars and Twenty-Five Cents ($82,049.25), in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity at the rate of eight percent (8X) pcr annum; matured unpaid principal and interest shall bear interest at the rate of ten percent (10X) per annum from date of maturity until paid. This note is due and payable as follows, to-wit: The interest payable annually, thp first annual interest payment to be paid on or before Fobruary 1, 1985' and the principal payable in full on or befoye.five '(5) yeare: from date hereof. This note may be paid in full at., any time without penalty. It is expressly provided that upon default in the punciual pay- ment of this note or any part thereof, principal or iri.~crest,' as the same shall become due and payable, the entire indebtedness secured by the hereinafter mentioned lien shall be matured, at the option of the holder; and in the event default is made in the' prompt payment of this note, when due or declared due, and the same is'placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through Probate, Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten percent (10X) additional on the amount of principal and interest then owing, as attorney's fees. Eac?! maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note and as to each, every and all installments hereof. Payment hereof is secured by a lien on the following described real property situated in Denton County, Texas, to-wit: 1535.64' feet of property abutting the west side of Ridgeway Drive in the City of Denton, Denton County, Texas. EXECUTED this the day of January, 1984. DIMENSION DEVELOPMENT COMPANYIIZ.111, THE STATE O TEXAS § COUNTY OF ' § This instrument war a kn 1 dged before me on the X11 day of Janu ,1984 by (l of Dimension evelopment Cprg„,+`-iehalf o met s n eve pment Company. NOT FUELIC9 or~4utission expires: ~ ~ 1n H G7 N CA H K Cr3 H h+ O [*7 zpO E v, Frn 10 3: 55 o z y d a Q H ~C~yy Cam' d O C w RHO En p .iZ z O C` r" 4 i i z Z i (N NK y -=~z.~,~EPITT H o qs s. ge.aL ml10. as f1sD ~~py1DauCnu Igo OA r µ~ga~WL ,wwa~l 3~ss~ 3,~tt ~ ~11 U00 Der ~ 1 ~LC~39pdO~~1~ tiU~~ REAL PROPiv y acewS ' r , 138f va 1340PacF229 REAL ESTATE LIEN NOTE $16,871.59 Denton, Texas ~~yy AA For value received, I, We, or either of us, as princ promise to pay to the order of The City of Denton, Texas in Denton County, Texas, the rum of Sixteen Thousand Eight Hundred Seventy-One Dollars and Fifty-N:.ne Cents ($16,871.59), in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity at the rate of eight percent (8%) per annum; matured unpaid principal and interest shall bear interest at the rate of ten percent (10X) per annum frog date o~';maturity until paid. This note is due and payable as follows;''tv The interest payable annually, the, first }annual* interest payment to be paid on or before February 1', ' 1985. and the principal payable in full on or before fiXe (5) ybgrs from date hereof. This note may be paid in ful'1 at any ;V.imq without penalty. • It is expressly provided that upon default in the punctual pay- ment of this note or any part thereof, principal or interest, as the same shall become due and payable, the entire indebtedness secured by the hereinafter mentioned lien shall be matured, at the•option.of the holder; and in the event default is made in the prompt payment of this note when due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through Probate, Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten percent (10%) additional on the amount of principal and interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note and as to each, every and all installments hereof. Payment hereof is secured by a lien on the following described real property situated in Denton County, 'T'exas, to-wit: 315.77' feet of property abutting the south side of Ridgeway Drive in the City of Denton, Denton County, Texas. EXECUTED this the I34L 'day of January, 1984. DIMENSION DEVELOPMENT COMPANY,:Ckc- BY: M cy,•e~ t.i v~ THE STATE O TEXAS § COUNTY OF A,~ § This instrument was ac now a ed before me on the day of January9,$ byy Q~l C of Dimension Development Company , 0 ehslf o sa m ns on ev opment Company. t'• "'!'My';Commission expires: A H 0 ~1 [1 Ln to rt O t-+ to H G~ H H o V FF8 10 F,55 0 y ''Z m d a g H 1-~ H Prr7 H v~ Hn7.H ~1' ` j iA, O p li V N O N O u' 1! p hd ['1 N H O t7l AAA ~ O 6 3 -Joe, ,r aati kv f~s y~e F.A~S°~ REAL PROPERTY RECORDS GRANT OF EASEMENT vot 1411nGE431 28071$1.00) (and For and in consideration of the sum of One Dollar other good and valuable consideration, receipt of which is hereby acknowledged, DAYTON-HUDSON CORPORATION, a Minnesota Corporation ("Grantor"), does hereby transfer, convey and quitclaim unto the CITY OF DENTON, a Municipal corporation, ("Grantee"), a non-exclusive easement and right-of-way ("Easement"), subject to all matters of record and specifically without warranty of title, for the instal- lation and maintenance of a sanftary.•sewer main, and all necessary or desirable appurtenances ("Facilities"), over, across, under and upon the following described real property belonging to the under- signed and situated in The County of Denton, State of Texas, being more particularly described as follows: A sixteen (16) foot wide sanitary sewer easement being 0.22 acre of land, being 8 feet either side of a centerline as described by metes and bounds as follows: The centerline commencing 83.08 feet west of the northeast corner of Block 1, Lot 1 of Target Addition situated in the J.S. Taft Survey, Abstract No. 1256, also being in the westerly line of a 100-foot wide Missouri, Kansas, and Texas Railroad right-of-way; THENCE S 470 55' W, leaving the northerly boundary of the said tract of land 265 feet; THENCE S 490 38' W, for 338 feet to a point 22 feet west of the northeast corner of Lot 2, Block 1 of Target Addition as shown on the attached Exhibit "A". The Grantee shall also have the reasonable right of ingress and egress to and from the Easement Area, including the right to use existing roads, for the purpose of constructing, insi:ecting, repairing and maintaining said Facilities and the removal or replacement of the same, in whole or in part, at will, such right to be exercised in such a manner as shall occasion the least pract:i.cal damage and inconvenience to Grantor. J U L 1 1 1984 A va 1411P.,0432 TO HAVE AND TO HOLD the Easement unto the Grantee, forever; provided however, in the event the Facilities are abandoned or not used ay the Grantee for a period of at least one (1) year, then and in such event, this Easement shall terminate and the Grantee shall release this Easement of record by suitable recorded instrument. By acceptance of this Easement, the Grantee covenants and agrees with Grantor as follows: 1. The Grantor reserves and retains all other property rights in and to the Easement Area so long as they do not interfere with or endanger any of Grantees' Facilities thereon, including, but not limited to, the right to utilize the same to construct thereon sidewalks, drive- ways, curbs, gutters, landscaping and plantings,provided however, the Grantor agrees that no building shall be placed or constructed within the Easement Area without Grantee's prior written consent. 2. The Grantor reserves and retains the right from time to time in its sole discretion to cause the Grantee to relocate at Grantor's expense said-Facilities to a location approved by said Grantee, it being understood that if the relocation is to a place outside the Easement Area then the Grantee shall prepare an amendment to this instrument setting forth the revised Easement Area, and , after the same has been executed by Grantor, Grantee shall have it recorded. 3. Grantee agrees to obtain at its sole cost and expense such permits, licenses or other authority which may be required from Federal, State, County, City or other governmental agencies or units exercising jurisdiction over the installation and operation of the Facilities, before using the Easement for the purpose herein proposed and further agrees tc comply with and strictly observe any and all laws, rules and regulations of any such governmental agency or unit. The Facilities to be placed underground shall !)e buried within the Easement Area to a depth not less than 30 inches below the existing surface with the back fill to be compacted in layers to avoid settling, voids and/or air pockets. 4. The Grantee shall cause all work performed in connection with the Facilities to be accomplished with care and in a manner and time that will cause the least interference with the surface of the Easement Area, aid, that immediately after such work, to cause the surface of -2- VGL11~,,cE433 the Easement Area to be restored to its original level and condition (including the replacement of any landscaping, curbing or paving removed or damaged during the course of such work) and to remove from the Easement Area and surrounding land all debris, spoils and equipment resulting from or used in connection with such work. 5. The Grantee shall not claim or declare any fee interest in and to the Easement Area, and in the event of eminent domain proceedings or settlement pursuant therete), the Grantee shall make no claim against the award or compensation accruing out of or resulting from such event, save and except any payment made to Grantee for damage to its Facilities or with respect to removing or relocating the same. b. Grantee agrees to defend, indemnify and save Grantor harmless from any loss, damage or expense in the nature of a legal liability which the Grantor may suffer, incur or sustain, or for which the Grantor may become liable, arising or growing out of any injury or damage to persons or to real or personal property caused by the act, acts and/or negligence of Grantee, or its contractors, subcontractors, agents or representatives, or any of them, in the prosecution of work performed in the Easement Area or in connection therewith. 7. The terms "Grantor" and "Grantee" wherever used in this instrument are intended in each instance to include the successors and assigns of Grantor and Grantee as the owner of the Easement Area or Facilities, respectively. -3- vc~ 1 X11 £~.~E434 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed as hereinafter designated this / day of A64- 1984. "GRANTOR" DAYTON--HUDSON CORPORATION a Minnesota Co oration BY Jack D. Fontaine Its: Sr. Vice President Target Stores Division ATTESI(" BY William P. Hise Its: Assistant Secretary c By its execution of this instrument, the Grantee certifies to the Grantor that it is authorized to accept the same and, that its covenants and agreements constitute legal and binding obligations of and are enforceable against the Grantee. "GRANTEE" CITY OF DENTON A Municipal Corpo tion By Its: ATTEST 1; j`.e 0 By-'/ "a Its: APPROVF1 AS TO FORM: CITY AT IV' v FY, -4_ CITY OF OENTOr4, TEXAS BY. va 1411rooL435 STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) On this IV-tday of 6LL , 1984 before me, a Notary Public within and for said County, personally appeared ja .b. -i'Ntd -G and WXLtt, r>< P. to me personally known, who, being each by me duly sworn, did say that they are respectively the .u~o~irtrr~ Id(yt J and of _ 2gudsllV A•1 '80t/f1U the corporation named in the foregoing a instrument, and that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and Q,C.t_ and s-Ci/rJ acknowledged said instrument to be the free act and deed of said corporation. ~a:~o:o ~'ate,~eon NOIAIf PUILIC - MiNNISOTA HENNEPiN COUNTY Mr tWN"i W expires " 17, 191D N~tary Public STATE OF TEXAS) ss. Cam:;:;: 32 DENTON) -5- I19.1n 436 .An. coo % off' ~ t ~ao~ 4 f'XYJJ, Tci in. 11 •Y,, ,`c TARGET ADD1-1~0{~ pp ' s•.J%Y! NJ:T' JOB ~ N , CO1I i`~ ell v~ -e•~h•.r'a' ituP°! o 6~ v 1 93a~ , Y yP°±, J`,r~^~a d tarp o+ S' it n.' .55 ~•.o ~anr j d t5•,• hpi r. KSm xr ~JJG' L' ~l t r:i``,. Js'•+rt'„irk' i airJJ U'•' ZB . c.•:r> gc..vd'ro'o. s: x • tira' lob SCALE: I'•100' CZJ emu FORT WOPtH • p4143 . HOUSTON EXHIBIT A. SANITARY SEWER EASEMENT GULF INSURANCE GROUP GULF INSURANCE COMPANY ATLANTIC INSURANCE COMPANY SELECT INSURA14CE COMPANY INS CO OF THE PACIFIC COAST CAVALIER INSURANCE CORP GULFGPOUPLLOYDS May 10, 1984 City Ctenh County o6 Denton Denton, Texas + Principal: Joe Betew DBA Beet Roo6ing Sheet Metat S In.SUtaUon Company Obligee: Tom D. Jnten, JA., Mayon o4 the Ciao oS Denton, Texas - Heating 9 A.iA Old Bond Number: 90 34 75 Conditioning Bond New Bond Number: 56 59 34 This letter is to notify you that we have changed this bond number due to a conversion in our system. Please refer to the new bond number on all correspondence. Thank you, Gu.t~ Insurance Company Surety Department 3015 CEDAR SPRINGS P 0 BOX 1771 DALLAS. TEXAS 75221 (214) 5591500 STATEMENT OF INTENT BY LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, t TO CHANGE ITS RESIDENTIAL CONSERVATION SERVICE COST RECOVERY CHARGE TO THE HONORABLE CITY COUNCIL OF THE CIYY OF DENTON TEXAS: Lone Star Gas Company, a Division of ENSERCH Corpora- tion, ('Lone Star'), pursuant to Section 5.08(a) of the Gas Utility Regulatory Act (Art. 1446e, T.R.C.S.), files this Statement of Intent to change its Residential Conservation Service (RCS) cost recovery tariff, effective July 1, 1984. The proposed change provides for the collection of a one-time $15.00 audit fee from each residential customer receiving a home energy audit. This $15.00 audit fee is per- mitted by both the National Energy Conservation Policy Act, which establishes the mandated RCS program, and by the Texas State RCS Plan as approved by the Department of Energy. The RCS service is provided in each incorporated and unincorporated area of Texas served by Lone Star. The proposed change is set forth in Exhibit 'A', hereto, which is incorporated as a part hereof for all purposes. Ex- hibit 'B', attached hereto, is the existing tariff. It is anticipated that Lune Star's revenue from the RCS service in Denton will not change because the $15.00 fee will be collected in lieu of a portion of the sur- charge revenue currently being collected under Rate Schedule No. 196. The proposed change does not constitute a major change under Section 5.08(b) of the Gas Utility Regulatory Act. The new RCS tariff will not affect the cost of gas to Lone Star's customers, hvt since the RCS surcharge is applica- ble to all customers of all classes, this proposed change affects all customers of Lone Star. Public newspaper notice will be made pursuant to Section 5.08(a) of the Gas Utility 1- _ CRegulatory Act. r 1 r Respectfully submitted, i LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION MAY Date Filed: Receiv b ~ a 1 MI BIT A LONE STAR GAS COMPANY RATE SCHEDULE NO. 195 Residential Conservation Service Cost Recovery TEXAS A one-time customer audit charge of fifteen dollars ($15.00) shall be collected from each residential customer receiving from Lone Star Gas Company a home energy audit which is furnished under the Residential Conservation Service (RCS) Program as established by the United States Congress in the National Energy Conservation Policy Act of 1978. This charge shall be eased by the Company to par- tially offset the total cost of implementing the RCS Program in Texas. Any costs, expenses, and financial outlays which are not compensated by charges made to customers for program audits shall be recovered by the Company through a per- customer surcharge to be added to all customer bills during each October and April billing month in accordance with the following procedure. RCS costs as well as revenue from the RCS customer audit charges and the RCS surcharges are recorded in accounts of the Company's RCS-Texas Division. A cumulative income statement covering the period from the Program's inception through the bacond rionth preceding the surcharge billing month provides the basis for the calculation of the surcharges. All unrecovered costs, including those costs related to program announce- ments, public education, promotion, audits, administration, and associated services as defined in the Texas State Plan, are to be recovered equally from all customers of all classes. The surcharge is the net operating income before federal income tax divided by the number of Texas customers of ali :lasses served during the second month preceding the surcharge billing month, expressed to tho no-rest tih.le cent. The surcharge shall cease upon recovery of all costs following termination of the RCS Program. Prior to each surcharge billing month schedules will be filed with the Texas Railroad Commission and with each Texas incorporated city served by the Company showing the determination of the RCS surcharge to be billed in the following month. Issued: ?.ay 1, 1984 E:QiIBIT B LONE STAR GAS COMPANY RATE SCHEDULE NO. 196 Residertial Conservation Service Surcharge TEXAS A per-customer surcharge shall be added to all customer bills during the April, 1983, billing month (or no later than the June 1963 billing month; and during each October and April billing month thereafter in order to recover the cost of the Residential Conservation Service (RCS) Program established by the United States Congress in the National Energy Conservation Policy Act of 1978. The surcharge shall cease upon recovery of all cost following termi- nation of the RCS Program, RCS costs as well as revenue from the RCS surcharges are recorded in accounts of the Company's RCS-Texas Division. A cumulative income statement cover.ng the period icom the Program's inception through the second month pre- ceding the surcharge billing month provides the basis for the calculation of the surcharges. All unrecovered costs, including those costs related to program announcement, public education, promotion, audits, administration, and associ- ated services as defined '_n the Texas State Plan, are to be recovered from all customers of all classes. The surcharge is tha net operating insane before federal income tax divided by the number of Texas customers of all classes served during the second month preceding the surcharge billing month, expressed to the nearest whole cent. Prior to each surcharge billing month schedules will be filed with the Texas Reilroad Commission and with each Texas incorporated city served by the Company showing the determination of the RCS surcharge to be billed in the following month. I I i I i i i I i Issued: December 16, 1983 VOL 14(?3Pas G-201-QUIT CLAM DECD IfARTrH ftUn ~ THE STATE OF TEXAS, COUNTY OF DENTON W,&qLR Y BY THESE PRESENTS: That The City of Denton, Texas, a Municipal Corporation 2=26 of the County of Denton snd State of Texas , for and in consideration of the sum of ----------------------TEN AND N0/100($10.00)------------------ DOLLARS, to it in hand paid by Denton Center Joint Venture, a Texas Joint Venture 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 CLADI unto the said Denton Cente:- Joint Venture, a Texas Joint Venture, its successors AK*x 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 Texas, described as foLows, to-wit : All that certain lot, tract or parcel of nd lying and being situated in the City and County of Denton, State c Texas, and being part of the Robert Beaumont Survey, Abstract No. 3~. and being part of the Denton Center-Phase II Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Folsom Inv., Inc. to Denton Center Joint Venture, a Texas Joint Venture by deed dated December 20, 1979 and recorded in Volume 993, Page 369 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the west boundary line of said Denton Center- Phase II, said point being south 0°16'40" east approximately 98 feet from the northwest corner of said tract and in the east right-of-way line of Hinkle Drive; THENCE north 89°43'20" east a distance of 433.04 feet to a point for a corner; THENCE. south 0°16'40" east a distance of 10.0 feet to a point for a corner; THENCE south 89°43'20" west a distance of 433.04 feet to a point for a corner in the west boundary line of said tract, same being the east right-of-way line of Hinkle Drive; THENCE north 0°16'40" west alon;; said line a distance of 10.0 feet to the place of beginning. TO HAVE AND TO TSOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said Denton Center Joint Venture, A Texas Joint Venture, its successors koirmand assigns, foraver, so that neither the said City of Denton, Texas, a Municipal Corporation, its successors :,or xkeinitwany person or persons claiming under it shall, at any time hereafter, have,, ciglul or dAiaQd any right or title to the aforesaid premises or appurtenances, or any part there- y~M~Jt s ' - iE'Sy z I u hand at Denton Texas this •Y ! 'd~ (if A. D. 1984 ~V~tnesses - / dgjOst bf grantor: -THE. LI 17 _DE AT.T~ BY r- R CHARD ST !ART, t ~%i E ALLLE_ , _MT_S=TAAY VCL 1103PNIGE124 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF j BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the sauce for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19... r Notary Public, County, Texas 1i My Commission Expires June 1, 19, _ SINGLE ACKNOWLEDG51ENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER 1411' HAND AND SEAL OF OFFICE, This day of A.D. 19... (L.S.) Notary Public, County, Texas ?,1y Commission Expires June 1, 19 . CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE !II , the u derslgned authority, COUNTY OF.. DENTON_._ In and for said County, Texas, on this day personally appeared ..._Z-M ...Mayor -,0f ...C-he City. of...~.~.n. t.013.~-_Tg]G-$~_--•----.._..known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowled d to me that the same was the act of the said _--_-•„--.,,,City, •_Counci,l_-.of_--the-- ity-_o f- Denton~_- lexa,s a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.-P(L.S.) ' JEANETTE SCOTT of .-A N;u7►sstt ArL at tws Notary Pu ......Denton Count Iq [aa nWW Ej$u Ysnt 11. V94 Y. Texas 16.11 . ,•0 My Commission Expires June 1, 19_ CLERK'S CERTIFICATE THE STATE OF TEXAS, 1 ! I . . County COUNTY OF Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the day of . A. D. 19 , with its Certificate of Authentication, was filed for r_eord in my office on the day of.. CF 99d00. 19 at. o'clock M., and duly recorded this day of..- 14xafi. 11.19 , at o'clock M., in the ~t g,,,~,~0 oft ....c~. Aq~K 191114~r ts6d11177 s *m It Volume.,.... . , on pages... WITNESS MY HAND AND SE r s e, R^P Epsld gnty, at office in cDa'1 lhs 49 _ `qty! e ~ ~nr1QF4 4;.v6'CAove written. 61% an M It c volutMexaS ss *tr~ ;0140 tpuntY t d pentor yC Ry Clem . County, Texas, Deputy. °.~a~ 1° r ~4 ` EB'R,9ento4 ~uofi~Sa rni u ? o ai > a 0z r 01 to 0 g Z H w 1x1? f A L1 > A c H Z Fb4~ O; FtS" ~E a `y0O L r. O If1: ~i W q I hop y r4 AI H Wi p p W i u P0 4U W f~: B U i It 120 H. H Aft, if- 7,v ~I_! C-20"UIT CLAIM DEED I*TTN 9WIM1 M DOW THE STATE OF TEXAS, r vkE~Ttf REORD~- vctYQ`~pa~E,5 COUNTY OF DENTON f I(NOW ALL MEN BY THESE PRESENTS: That The City of Denton, Texas, a Municipal Corporation 2 5 G42~` of the County of Denton and State of Texas , for and in consideration of the sum o' TEN AND NO/100 ($10.00)------------------ DOLLARS, to it in hand paid by Rubeck Investments, Inc, 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 CLA13f unto the said Rubeck Investments, ?nc., its successors koftand assigns, all its right title and interest in and to that certain tract or par. cel of land 1 ing in the County f Denton and State Texas, de c 'bed as fo owe, to-wit: Al that certain lot, tract or parcel of.landIying ang being situated in the City and County of Denton, State of Texas, and being part of the A. Hill Survey, Abstract No. 623, and being part of Lot No. 1, Block 1 of the Mesquite Ridge Townhouse Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed to Chow Pao- Ching Tsai by deed recorded in Volume 1004, Page 86 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the southeast corner of said Lot 1, Block 1, Mesquite Ridge Townhouse Addition, said point lying north 0°04'40" east 4.8 feet from fiche southeast corner of the tract conveyed to Chow Pao-Ching Tsai by deed recorded in Volume 1004, Page 186 of the Deed Records of Denton County, Texas, said point also lying in the north right-of-way line of Collins Street; THENCE north 0°04'40" east along th,2. east boundary line of said Lot 1, Block I a distance of 25 feet to a poin~; THENCE south 89°19'31" west 25 feet north of and parallel to the south boundary line of said Lot 1, Block 1, same being the north right-of-way line of Collins Street a distance of approxi- mately 110.05 feet to the place of beginning, said point also being the east boundary line of a public utility easement conveyed to the City of Denton and recorded in Volume 626, Page 223-of the Deed Records of Denton County, Texas; THENCE north 1°03' east along the east boundary line of said easement, an approximate distance of 55 feet to a point for a corner, said point also being the south boundary line of an east and west 16' utility easement as dedicated by said Mesquite Ridge Townhouse Addition; THENCE west along the south boundary line of said easement a distance of approxi- mately 16 feet to the west boundary line of said easement recorded in Volume 626,Page 223 of the Deed Records of Denton County, Texas; THENCE south 1'03' west along the west boundary line of said easement, an approximate distance of 55 feet to a point for a corner, said point lying 25 feet north of the south boundary line said Lot 1, Block 1, same being the north right-of-way lire of Collins Street; THENCE east 25 feet north of and parallel with the south boundary line of said Lot 1, Block 1 same being the south ri -of-way line of Collins Street a distance of 16 feet to the place oTObUAfht+q.TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said Rubeck Investments, Inc., its successors >heka and assigns, forever, so that neither the cafd City of Denton, Texas, a Municipal Corporation, its successors nor bdraxrm any person or peraons c;aiming under i. t shall, at any time hereafter, have, claim 'o ,and ary right or title to the aforesaid premises or appurtenances, or any part there- tbf. j i a WITNESS s our hand at Denton, Texas this day of A. D. 1984 ~w441da'*j At eat of Grantor: CITY OF E"1TON ERAS AT T`8 ST y~- iG~~~~f BY: _ C 0 STEW T, MAYO CHARLOTTE ALLEN, CITY SECRETARY V OL 14011GE12V SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing Instrument, and acknowledged to me that he executed the same for the purposes and consideration herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of . A.D. 19_. (L.S.) . Notary Public, County, Texas _ My Commission Expires June 1, 19... SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE SSE, the undersigned authority, COUNTY OF in ai.d for said County, Texas, on this day personally appeared - . . known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he. executed the same for the purposes and conu`.deration therein expressed. GIVEN UNDER MY HAND AND SEAL OF i FFICE, This day of _ , A.D. 19... (L.S.i Notary Public, _ County, Texas My Commission Expires June 1, 19.,,.. CORPORATION ACKNOWLEDGMENT THE STATE. OF TEXAS, BEFORE b1E, the undersigned authority, COUNTY OF.- DENTON in and for said County, Tcxas, on this day personal y appeared.-.. RichardO..-__Ste -Jart-,._Ma OY-- O the City of Denton, .T8X8Q to me to be the person and officer whose name is subscribed to the fc:egoing Instrument and acknowledged to me that the same was the act of the said _-..--__City...Council of.--tlze,.-_Cit+;__of Dentoa2_ Texas,- -a- Municipal imcorporation, a:,d that he execute? the same as the act of such corporation for the purposes and consideration therein expressed, and in the cayacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.-. - _day of kZC4 A.D. 19 84 (L.S.) - - /y IEANETTE SCOTT tYWfaifie.go of toss Notary lie' Denton -County, Texas My Commission Expires June 1, 10- CLERK'S CERTIFICATE THE STATE OF TEXAS, I. , County COUNTY OF. Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the day of , A. D. 19 with its Certificate of Authentication, was filed for record in my office on the dal' of. . , A. D. 19.. at, 0%c\ k M., and duly . -o'clock M., in the recorded this day of......... A. D. 19........., atw + ........................Records of said County, in Volu th, f+ 1~ , fills es..... ~~at 4~g WITNESS 31Y HAND AND SEAL OF THE COUNTY COURT of said County r 6*. jcaliirs~+. aSRCr~_... . _ the day and year n 9 It <~~tw't{err• ..n c 0% ~ Coun do t y, Texas. (L. S.) By Ce+O, dt`onC~n~'i ~6...'.. Deputy. Q VVV r ' •'D t ; j; 0 7 y y P, ~ Z V A H V tn` Q x C a i_ W0 Ui \Lo/ Q a a. Q ZH d i1(t e ` -aa A t3 E a IN- rZ p p p c Lr a E ti I U o O fs1 0 C' Q C" R: F i 1 0 O d ~+yc SOH v G, W to {1 t'i y, L i. i i w 0: z H! a G ^-ejsHH z = fly I H i llri i ? ; i 8 ~RF d I' cV f3 N I CC-215- EASEMENT, i,., r, 1,iartlo Stationary Dallas n rKur~a~~~~RDS ;'C~ 1403PN 7E12i THE STATE OF TEXAS, KNOW ALL MEN BY' Y THESE PRESENTS: COUNTY OF DENTON ♦ r THAT DENTON CENTER JOINT VENTURE, A TEXAS JOINT VENTURE AW5G 3 of DALLAS COUNTY, TEXAS , in consideration of the sum of One dollar ($1.00) and no cents----------------- ° and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by it . Situated in Denton County, Texas, in the R. Beaumont Survey, Abstract No. 31 All that certain lot, tract or parcel of land lying and being situated In the City and County of Denton, State of Texas, and being part of the R. Beaumont survey, Abst. No. 31, and being of the Denton Center Phase II, an addition t, ;ie City/County of Denton, and also being part of a tract of land as conveyed from Folsum Inv., Inc. to Denton Center Joint Venture by deed dated 12-20-79 and recorded in Volume 993, Page 369 of the Deed Records of Denton County, Texas, and more particularly described as follows: Commencing at the Northwest corner of said Denton Center Joint Venture Tract 1, same being the Northwest corner of Denton Center Phase II, said point lying in the east right-of-way line of Hinkle Drive, Thence South 88041' 50" east, along the north boundary line of said tract, a distance of 496,0 feet to the place of beginning; Thence South 88041' 50" east, continuing along the north boundary line, a distance of 497.73 feet, to the northeast corner of said Denton Center Phase Il tract; Thence South 1003' 10" west, a distance of 10.0 feet, to a point for a corner; Thence North 88041' 50" west, 10 feet south of and parallel to the north boundary line of said tract, a distance of 497.77 feet to a point for a corner; Thence North 1018' 10" east, a distance of 10.0 feet to the place of beginning and containing 0.1143 acres of land more or less. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making addition; to, improvements on and repairs to the said public utilities or any part thereof. " TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness hand , this the day of A.D. 19 DENT CE ER JOINT VEN BY : rr L .vrsl.l29 ACKNOWLEDGMENT COUNTY OF ! L e "c < < " ~ 'BEFORE ME, the undersigned authority, appeared It TEXAS THE TATSy personally appeared on this da pit Of tk941-rr to mt ~ut]iP3%h erson whose name subscribed to the foregoing instrument, and acknowledged to me that 1 h'-1; executed{he'same for the purposes and consideration therein exprWsed. CT jIDtRY .AND AND SEAL OF OFFICE, This ~y day of ~c};~ U'•• f .y! (L.S f e /otaubi c, In and for th State yfj~;2A. D5. r ; .,e.• My Commission Expires ..../~-3YI 4.,-.._....,.,.._.......... I ACKNOWLEDG51ENT T1#~':"ST,.TE OF TEXAS, I COUNTY'OF f BEFORE At E, the undersigned authority, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE. This day of A, D. 19..... (L.S. ) Notary Public, In and for the State of Texas. My Commission Expires CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE AIE, the undersigned authority, COUNTY OF. on this day personally appeared - known to me to be the person and officer whose name is subscribed te the foregoing instrument and acknowledged to me that the same was the act of the said _ - - a corporation, and that he executed the same as the uct of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, : his _-day of...... , A.D. 19........ (LS.) Notary Public, In and for the State of Texas. MY Commission Expires CLERK'S CERTIFICATE THE STATE OF TEXAS, , County COUNTY OF Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of , A. D. 19 , with its Certificate of Authentication, was filed for record in my office on the . day of A. D. 19. , at. o'clock M., and duty recorded this day of....... _ A. D. 19- _ , at. o'clock M.. In the . Records of said County, in Volume. on Pages WITNESS MY HAND AND SEAL OF THE. COUNTY COURT of said Count ,at office in MAY Cff TIM COUNTY OF DENI01) the day and year last abore wr NTY CIM, Iknfon Ccunfys Texas hcrc,y c4e, fy that this InS44vmept WAS 14(d on t4 County Clerkdee oral time srarr;Kd he eon by ns ifyk Texas. corc'cd !n the v f,^te end F gc 0 the ne-n-d rcw ~s By of [f•a>n fecr•tr fr+c' a Y•v~;+d hcreoo by M- ~epuly. Ft1AY 16 1931 t i M A NPf CIERK,'kntat T v ~ ~3 A ~ C u d . 7 t ~ .C.~~ 1 U Q Y ',N A t7 ~j► 1 V E 7 i U I A m c c of i f% ~d a tii I ~ r{ ~ 11 rr wf~ , 0 W o i i E i ~ m~ L s. Z J~1 Ui j~! i.ti:•-'~~~ p:.:~ ,.AMA s i i •t] ~EV r Q. ii i ! U r v0 -4 Z a4JL ~I I V ( 71 rJ~ A i Oq H o i e-YN K RANDALL S. BOYD. P.C. . ATTORNEY AT LAW OENTON TEXAS ` LEASE AGREEMENT This agreement is made and entered into on this the 6#"16 day of 1984, by and between Harwell V. Shepard, hereinafter v referred to as Lessor, and The City of Denton, hereinafter referred to as Lessee. In consideration of the mutual covenants and agreements hereinafter set forth and other good and valuable consideration Lessor does hereby demise and lease to Lessee and Lessee does hereby J,ase from'Lessor Suite numbers 101, 103 and 105, in the Radio Center Building, 235 W. Hickory in the city of Denton, Denton County, Texas. I ARTICLE ONE: TERM The term of this lease shall be twelve months commencing on May 1, 1984 and ending on April 30, 1985, unless sooner terminat- ed as herein provided. ARTICLE TWO: RENT W~{ y(pf/51. Lessee shall pay the Lessorr t~4/Q4=:Edgewovd- in the city of Denton, Denton County, Texas, the sum of two hundred twenty five ($225.00) dollars each month from the comrrencement of the term of this lease and continuing thereafter for the numbers of months of the lease term payable without notice in advance on the first day of each month. Rent for any fractional month at the beginning or the end of the lease term shall be prorated. ARTICLE THREE: USE OF PREMISES Lessee will use the lease premises only for office purposes unless Lessor shall give Lessee prior rent and consent for different use in connection with its use of and activities in and i about the lease premises. In the building Lessee at its expense will comply with and cause its employees, agents and invitees to c,)mply with all applicable laws and ordinances, with all applica- ble rules and regulations of governmental agencies and Lessee will conduct itself and cause its employee, agents and invitees to conduct themselves with full regard for the rights, conve- nience and welfare of all other tenants in the building. Provid- er' Lessee has performed all the terms, covenants, agreements and OFFICE LEASE AGREEMENT E PAGE 3 OF 11 PAGES f~ I J RANDALL S. BOYD. P.C. A ATTONNfY AT LAW ! DENTON, TEXAS conditions of this lease, including the payment of rent to be performed by Lessee, Lessee shall peaceably and quietly hold and enjoy the premises: for the term hereof without hinderance from Lessor subject to the terms and conditions of this .lease. ARTICLE FOUR: MAINTENANCE AND SURRENDER Lessee acknowledges that its acceptance of the possession of the lease premises constitutes the conclusive admission that it has inspected the lease premises and found them in good condition and repair in all respects. So long as Lessee is not in default hereunder Lessor shall furnish the lease premises, during reason- able and usual business hours, with the following services at the Lessors sole expense: (1) Heat and Air Conditioning. Heating and air conditioning during the customary periods of the year, when and to the same extent Lessor furnishes heating and air conditioning to other portions of the building. (2) Electricity. Electric current consisting of 110 volts, 60 cycle service for lighting and ordinary business appliances. Lessee shall throughout the lease term maintain the lease premises and keep them free from waste or nusiance and deliver up the premises in a clean and sanitary condition at the termination of the lease in good repair, condition, reasonable wear and tear and damage by fire, tornado and other casualty accepted. In the event, Lessee should neglect to reasonably maintain the lease premises, Lessor should have the right but the obligation to cause repairs or corrections to be made anel a reasonable cost therefore should be payable by the Lessee to the Lessor as additional rental on the next rental installment date. ARTICLE FIVE. OBLIGATIONS OF LESSOR AND LESSEE E Alterations, Additions and Improvements Lessee shall not make any alterations, additions or improve- ments to the lease premises without the prior rent and consent of I Lessor. Damage or Destruction If the lease premises should be totally destroyed by fire, ` tornado or other casualty or if they should be so damaged that f 1 the rebuilding or repairs cannot reasonably be completed within OFFICE LEASE AGREEMENT j PAGE 2 OF 11 PAGES ii RANDALL S. BOYD. P.C. AT70RNEY AT LAW , DENTON. TEXAS sixty (60) working days from the date of the occurrence of the damage the lease shall terminate and the rent shall be abated for the unexpired portion of the lease effective as of the date of such occurrence. If the building or lease premises should be damaged fire, tornado or other casualty but not to such an extent that the rebuilding or repairs cannot reasonably be completed within sixty (60) working days from the date of the occurrence of the damage the lease shall not terminate but Lessor shall, if the casualties occurred prior to the final three months of the lease term at its old cost and risk, proceed fcrthwith to repair or rebuild the lease premises to substantially the condition to which they existed prior to the damage. If the casualty occurs during the final three months of the lease term Lessor shall not be regtired to rebuild or repair such damage. If these premises are to be inbuilt or repaired and are untenantable in whole or in part following such damage the rent payment hereunder during the period in which they are untenantable shall be adjusted equi- tably. In the event that Lessor should fail to complete the rebuilding or repairs within sixty (60) working days from the date of the occurrence of the damage Lessee may at his option terminate this lease by written notification at such time to Lessor wherein all rights and obligations hereunder shall cease, Condemnation If during the term of this lease or any extension or renewal thereof, all or a portion of the leased premises should be taken for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or should be sold to the condemning authority under threat of condemnation, at the option of the Lessor this lease shall terminate and the rent shall be abated during the unexpired portion of this lease, effective as of the date of the taking of said premises by the condemning authority. Lessor shall receive the entire award from any such taking, and Lessee shall have no claim th:reto, or for the value of any unexpired term of this lease. OFFICE LEASE AGREEMENT PAGE 3 OF 11 PAGES f RANDALL S. BOYD. P.C. a ATTORNEY AT LAW . . DENTON. TEXAS Ruleb and Regulations i Lessee and Lessee's agents, employees, and invitees will comply fully with all requirements of the rules and regulations of the Building and related facilities which are attached hereto as Exhibit B, and made a part hereof as though fully set out herein. Lessor shall at all times have the right to change such rules and regulations or to promulgate other rules and regu- lations in such reasonable manner as may be deemed advisable for safety, care, or cleanliness of the Building and related facil- ities, or premises, and for preservation of good order therein, all of which rules and regulations, changes, and amendments will be forwarded to Lessee in writing and shall be carried out and observed by Lessee. Lessee shall further be responsible for the compliance with such rules and regulations by the employees, servants, agents, visitors, and invitees of Lessee, Inspection Lessor or its officers, agents, and representatives shall have the right to enter into and upon any and all parts of premises at all reasonable hours to (a) inspect same or clean or make repairs or alterations or additions as Lessor may deem necessary (but without any obligation to do so, except as ex- pressly provided for herein), or (b) show the premises to pro- spective tenants, purchasers, or lenders; and Lessee shall not be entitled to any abatement or reduction of rent by reason thereof, nor shall such be deemed to be an actual or constructive f eviction. i Mechanics' Lien Lessee will riot permit any mechanics' lien or liens to be placed upon the premises or the Building or improvements thereon during the term hereof, and in case of the filing of any such j lien Lessee will promptly pay same. If default in payment thereof shall continue for twenty (20) days after written notice thereof from Lessor to Lessee, the Lessor shall have the right and privilege at Lessor's option of paying the same or any portion thereof without inquiry as to the validity thereof, and F t OFFICE LEASE AGREEMENT PAGE 4 OF 11 PAGES f RANDALL S. BOYD. P.C. 1 . ATTORNEY AT LAW . DENTON.TEXAS ~.tf ~wAr VOW - any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Lessee to Lessor and shall be repaid to Lessor immediately on rendition of bill therefor, together with interest at 20 percent per annum until repaid. ARTICLE SIX: INDEMNITY Lessee agrees to indemnify and hold Lessor harmless against any and all claims, demands, damages, costs and expenses, includ- ing reasonable attorney's fees for the defense thereof, arising from the conduct or management of Lessee's business or its use of the leased premises or from any breach on the part of Lessee of any conditions of this lease, or from any act or negligence of Lessee, its agents, contractors, employees, subtenants, guests, or invitees in or about the leased premises. In case of any action or proceeding brought against Lessor by reason of such claim, Lessee, upon notice from Lessor, covenants to defend such action or proceeding by counsel acceptable to Lessor. ARTICLE SEVEN: DEFAULT Events of Default The following events shall be deemed to be events of default by Lessee under this lease: (a) Lessee shall fail to pay any installment of the rent hereby reserved and such failure shall continue for a period of ten (10) days. (b) Lessee shall fail to comply with any term, provision or covenant of this lease, other than the payment of rent, and shall not cure such failure within twenty (20) days after written notice thereof to Lessee. (c) Les. se shall make an assignment for the benefit of creditors. (d) lessee shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or Lessee shall be adjudged bankrupt or insolvent in proceedings riled against Lessee thereunder and such adjudic.tion shall not ba vacated or set aside or stayed within the t :me permitted by law. (e) A receiver or trustee shall be appointed for all or substantially all of the assets of Lessee and such receivership shall not be terminated or stayed within the time permitted by law. (f) Lessee shall desert or vacate any substantial portion of the premises for a period of five (5) or more days. E f • Remedies Upon the occurrence of any event of default specified in Section 8.01 hereof, Lessor shall have the option to pursue any OFFICE LEASE AGREEMENT I PAGE 5 OF 11 PAGES E RANDALL S. BOYD. P.C. L ATTORNEY AT LAW s DENTON TEXAS one or more of the following remedies without any notice or demand whatsoever; (a) Terminate this 2Pase in which event Lessee shall immediately surrender the premises to Lessor, and if Lessee fails to do so, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession and expel or remove Lessee and any other person who may be occupying said premises or any part thereof, by force if necessary, without being liable for prosecution or any claim of damages therefor; and Lessee agrees to pay to Lessor on demand the amount of all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet the premises on satisfactory terms or otherwise. (b) Enter upon and take possession of the premises and ! expel or remove Lessee and any other person who may be occupying the premises or any part hereof, by force if necessary, without being liable for prosecution or any claim for damages therefor, and if Lessor so elects, relet the premises on such terms as Lessor shall deem advisable and receive the rent thereof; and Lessee agrees to pay to Lessor on demand any deficiency that may arise by reason of such reletting. (c) Enter upon the premises by force if necessary, without being liable for prosecution or any claim for damages therefor, and do whatever Lessee is obligated to do under the terms of this lease; and Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in thus effecting compliance with Lessee's obligations under this lease, and Lessee further agrees that Lessor shall not be liable for any damages resulting to Lessee from such action. No reentry or taking possession of the premises by Lessor shall E be construed as an election on its part to terminate this lease, unless a written notice of such intention be given to Lessee. Notwithstanding any such reletting or reentry or taking pos- session, Lessor may at any time thereafter elect to terminate this lease for a previous default. Pursuit of any of the forego- ing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any rent due to Lessor hereunder or of any damages occurring to Lessor by reason of the violation of any I i of the terms, provisions, and covenants herein contained. Lessor's acceptance of rent following an event of default hereun- der shall not be construed as Lessor's waiver of such event of default. No waiver by Lessor of any violation or breach of any of the terms, provisions, and covenants herein contained shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions, and covenants herein contained. Forbearance by Lessor to enforce one or more of the remod: •s herein provided upon an event of default shall not be OFFICE LEASE AGREEMENT PAGE 6 01 11 PAGES RANnP.LL S. COYD, P.C. j ATTORNEY AT'AW , DENTON.TEXAS deemed or construed to constitute a waiver of such default. The loss or damage that Lessor may suffer by reason of termination of this lease or the deficiency from any reletting as provided for above shall include the expense of repossession and any repairs or remodeling undertaken by Lessor following possession. Should Lessor at any time terminate this lease for any default, in addition any other remedy Lessor may have, Lessor may recover from Lessee all damages Lessor may incur by rerison of such default, including cost of recovering the premises and the w)rth at the time of such termination of the excess, if any, of the amount of rent charges equivalent to rent reserved in this lease for the remainder of the stated term over the then reasonable rental value of the premises for the remainder of said term, all of which amounts shall be immediately payable from Lessee to Lessor. Surrender of Premises No act or o thing done by the Lessor or its agents during the ten, hereby granted shall be deemed an acceptance of surrender of the premises, and no agreement to accept a surrender of the premises shall be valid unless the same be made in writing and subscribed by Lessor. Lessor's Lien In addition to the statutory Lessor's lien, Lessor shall have, at all times, a valid security interest to secure payment of all rentals and other sums of money becoming due hereunder from Lessee, and to secure payment of any damages or loss which f Lessor may suffer by reason of the breach by Lessee of any covenant, agreement, or condition contained herein, upon all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Lessee presently or which may hereaf- ter be situated on the premiseP, and all proceeds therefrom, and such property shall not be removed therefrom without the consent of Lessor until all arrearages in rent as well as any and all other svms of money then due to Lessor hereunder shall first have been paid and discharged and all the covenants, agreements, and conditions hereof have been fully complied with and performed by OFFICE 1.T:.ASE AGREEMENT PAGE 7 01, 11 PAGES ' RANDALL S. BOYD. P.C, i AITORNCY AT LAW DENION.TEXAS Lessee. Upon the occurrence of an event of default by Lessee, Lessor may, in addition to any other remedies provided herein, after giving reasonable notice of the intent to take possession and giving an opportunity for a h::aring thereon, enter upon the I premises and take possession of any and all goods, wares, equip- ment, fixturos, furniture, improvements, and other perbonal property of Lessee situated on the premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property at tiie sale, after giving Lessee reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Lessor or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Lessee reasonable notice, the requirement of reasonable notice shall be met if such notice is given at leabt five (5) days before the time of sale. The proceeds from any such disposition, less any and all expenses connected with the taking of pos- session, holding, and selling of the property (including reason- able attorney's fees and other expenses), shall be applied as a credit against the indebtedness secured by the security interest granted in this section. Any surplus shall be paid to Lessee or as otherwise required by law; and the Lessee shall pay ;ny deficiencies forthwith. Upon request by Lessor, Lessee agree to execute and deliver to Lessor a financing statement in form sufficient to perfect the security interest of Lessor in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien for rent is not hereby waived, the security interest herein granted being in addition and supplementary thereto. ARTICLE EIGHT: RENEWAL Lessee shall have the option to renew this lease for a subsequent term of an additional twelve months and all the terms of this lease other than Article 2 shad apply to the subsequent renewal. The parties shall negotiate new provisions for Article 2 at such time of such renewal. OFFICE LEASE AGREEMENT PAGE 8 OF 11 PAGES RANDALL S. BOYD. P.C. t ATTORNtV AT LAW , DENTON. TEXAS ARTICLE NINE. MISCELLANEOUS Holding Over Should Lessee, or any of its successors in interest, hold over the premises, or any part thereof, after the expiration of the term of this lease, unless otherwise agreed in writing, such holding over shall constitute and be construed as tenancy from month to month only, at a rental equal to the rent payable for the last month of the term of this lease plus fifty percent (508) of such amount. The inclusion of the preceding sentence shall not be construed as Lessor's consent for Lessee to hold over. Mortgages Lessee accepts this lease subject to any deeds of trust, security interests, or mortgages which might now or hereafter constitute a lien upon the Building or improvements therein or on the leased premises and to zoning ordinances and other building and fire ordinances and governmental regulations relating to the use of the property. Lessee shall at any time hereafter, on demand, execute any instruments, releases, or other documents that may be required by any mortgagee for the purpose of subject- ing and subordinating this lease to the lien of any such deed of trust, security interest, or mortgage. With respect to any deed of trust, security interest, or mortgage hereafter constituting a lien on the Building or improvements therein or the leased premises, Lessor at its sole option shall have the right to waive the applicability of this section so that this lease will not be subject and subordinate to any such deed of trust, security interest, or mortgage. Notices and Addresses All notices provided to be given -ender this agreement shall be given by certified mail or registered mail, addressed to the property party, at the following address: Lessor: Lessee: Harwell V. Shepard City of Denton P. O. Box 1006 215 E. McKinney Denton, Texas 76201 Denton, Texas 76201 OFFICE LEASE AGREEMENT f PAGE 9 OF 7.1 PAGES f I RANDALL S. BOYD. P.C. . a ATTORNEY AT LAW . . DENTON. TEXAS Parties Bound This agreement shall be binding upon and inure to the benefit of 4-.he parties hereto and their respective hoA rs, executors, administrators, legal representatives, successors, and assigns where permitted by this agreement. Texas Law to Apply This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. I Le,3al Construction i In case any one or more of tha provisions contained in this agreement shall for any reason be held to be invalid, illegal or I unenforceable in any respect, tiuch invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Amendment No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties { hereto. Rights and Remedies Cumulative The rights and remedies provided by this lease agreement are if I cumulative and the use of any one right or remed, by either party shall not preclude or waive its right to sue any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statue, ordinance, or otherwise. Waiver of Default No waive,: by the panties hereto of any default or breach of any term, condition, or covenant of this lease shall be deemed to be waiver of any other breach of the same or any other term, condition, or covenant contained herein. Attorneys' Fees In the event Lessor or Lessee breaches any of the terms of this agreement whe,eby the party not in default employs attorneys 1 OFFICE LEASE AGREEMENT I P1.GE 10 OF 11 PAGES 1 RANDALL S. BOYD, P.C. ` a ATTORNEY AT LAW DENTON.TEXAS to protect or enforce its rights hereunder and prevails, then the defaulting party agrees to pay the other party reasonable attor- neys' fees so incurred by such other party. Force Majeure Neither Lessor nor Lessee shall be required to perform any term, condition, or covenant in this lease so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor re- strictions by any governmental authority, civil riot, floods, and any other cause not reasonably within the control of Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. Time of Essence Time is of the essence of this agreement. IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as of the day and year first above writ- ten. I LESSOR Harwell V. Shepard ✓ a rwe i'/ 1 epar LESSEE City of Denton By ! r s Hartun City Manager ATTEST: Ck Charlotte Allen City Secrctary AppROYED AS TO FORM: RNEY, CITYCfTYOF D ATTO111k TEXAS BY: ~ OFFICE LEASE AGREEMENT PAGE 11 OF 11 PAGES • r . W v. D rv > z m ' D r o Z i N m O VDi f0 n K R E S O L U T I O N WHEREAS, by Resolution adopted March 4, 1980 by the City Council of the CiLy of Denton, Texas, the City of Denton auth- } orized the creation of the City of Denton Industrial Development Authority to exercise the pursuant to the Development Corporation Act of r.979,nsas ramended ' (the "Act"); and WHEREAS the Act together with the Rules for Issuing Industrial bevelopment Bonds promulgated thereunder by the Texas `Y Economic Development Commission (the "Rules"), provide for the financing of projects for commercial uses; and WHEREAS, said Act and Rules provide certain respect to the establishment and designation of EligibleuBlighted Areas within the City for the purposes of financing projects for commercial uses and alleviating economically disadvantaged areas; NOW, THEREFORE, t BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DEhTON, TEXAS: SECTION I. That the areas shaded on the attached map which are designated A, B, C, D, E, F, G, H, I, J and K and whose boundaries are further described in Exhibit A attached hereto are established and designated as Eligible Blighted Areas for the purposes of the Act and the Rules, all being portions of the City. SECTION II. That the City finds that the areas de.9ignated herein as Eligible Blighted Areas contain a substantial number of under employed people and substandard or deteriorating structures which impair or arrest the sound growth of the City and are areas that constitute an economic or social liability in their present condition or use. The information .-ached as Exhibit B further supports the City's dertaivu to designate the areas referenced in Exhibit A as Eligible Blighted Areas. SECTION III. That the City finds and represents to the Texas Economic Development Commission that the availability of financing of projects for commercial uses under the Act will contribute significantly to the alleviation of the blighted conditions found to exist in the designated Eligible Blighted Areas. SECTION IV. That the principal types of projects for commercial uses desired and authorized by the City to enhance its redevelopment efforts in the Eligible Blighted Areas are those projects allowed under the Act and as may be limited by more restrictive policies established by the City of Denton Industrial Development Authority. SECT_ON V. That the City represents that it will review all project des:.riptions for approval of specific projects for commercial PAGE ONE ..`\k l`~ e y~#r ~w+-r-- r++<,.dr v 4`.r~t "R;~1T.'.' n 3?m'X'T'S :TSf -^+'r~t"F.Tit~„-R Ys. _ i~ 1I I jJ~~~J/1 ~T}~ ~ ~ • e~ ~ ~s•• • ~a ,v St~ 1 44~~~ • y 1. 5~~~~'kr'. ,t 1~`„° I. V• tir f"1 ~ Fd~~ y\~ ~..~f. i s"•a R~ Ckii{! ('W„e.ii'd1i.'~@','. l IY uses in order to determine whether such projects are consistent with the City's objectives for redevelopment of the Eligible Blighted Areas. SECTION VI. That attached hereto as Exhibit C is a description of proposed public improvements to be made in the Eligible Blighted Areas, the estimated commencement and approximate schedule for such public improvements, and the source of funds the City will use for such purposes, all of which is based on the City's best estimates as of the date of adoption of this resolution. SECTION VII. That this Resolution shall take effect immediately upon its adoption and the City Secretary is hereby directed to transmit a certified copy of this Resolution to the Texas Economic Development Commission. M/ PASSED AND APPROVED this the day of , 1984. :rS , MA 0 4 CI Y OF %44 TON, TEXAS F ATTE,~T : / ~~~TAAY CITY OF DENTON, TEXAS r APPROVED AS TO LEGAL FORM: " C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS i BY G ,r 3 r PAGE TWO Yr Y u I 4o r F a ~ 'A. r r, ~ a r I ~ x fix'. ~ r ~ f~L~fry'~~v'' L. A ti.t r 4 r 1 , BLIGHTED AREA DESIGNATION The following is a description of the boundaries for the blighted areas in Denton: p AREA A yr` South Boundary - Intersection of Sante Fe railroad tracks and Hwy 377 (Ft. Worth Drive) North/West Boundary - Beginning at a southern point of intersection by the M.K.T. & T.Y. railroad tracks and the Sante Fe R.R. tracks, with this west boundary j going north along the M.K.T. & T.P. railroad ' tracks to the intersection of M.K.T. & T.P. railroad tracks and U.S. Hwy 377 North/East Boundary - North along U.S. Hwy 377 from intersection of Hwy 377 and the hJ.K.T. & T.P. railroad tracks, Ft. Worth Drive to the intersection of Hwy 377 and S. Locust (M.K.T. & T.P.) intersection AREA B South Boundary - I-35E West Boundary Highwa, 377 (Ft. Worth Dr.) ' North Boundary - Eagle Drive East Boundary - Bell Avenue and Dallas Drive AREA C West & South Boundary - I-35E i; North Boundary - Underwood Street East Boundary - McCormick Street x AREA D West Boundary - Masch Branch Road North Boundary - Jim Crystal Road East Boundary - I-35 and I-35W South Boundary - City boundary AREA E North Boundary - Sycamore and Hickory Streets South Boundary - Eagle Drive East Boundary - Ball Avenue West Boundary - Elm and Industrial Streets AREA F North Boundary - East McKinney Street South Boundary - East Prairie Street East Boundary - From the intersection of East Prairie Street and Bradshaw Street;, North to East McKinney Street West Boundary - Bell Avenue EXHIBIT A-PAGE ONE ~ a Y - n"^'-?+]4i~f~4~ ~'T TSt'R'ta^✓r^a'R sd~"~riFP ~k~4. T F.c- y~µR- -TN S ,r rRl: rx-rt'e~rr1 a r rvI.y^v~~r_~' ~ b 11 t y 5 ~,l iL`ry p i ~Ty~ ~ .i.~IiS YL ulwy 4y ♦rt Ry! tt ! ~ &N A A \1 (P Iii.. `'\~J.I t.SJ YY. F .a1 t 'k JrI i- ~'s • P ' l,,. • lam' r fl str!r' ;~tC ( {r ~ i ,1. , ~ • .{f~' 8 AREA G West Boundary - Duncan Drive East & North Boundary - Kerley Street Soutn Boundary - Shady Oaks Drive and Willow Springs Drive AREA H North Boundary - Spencer Road West Boundary - Woodrow Lane South Boundary - MK and T Railroad East Boundary - Loop 288 AREA 7 North Boundary - Pecan Creek South Boundary - I-35E East Boundary - Mayhill Road (except that section of Mayhill Road not within the City limits of Denton, in which case, the East boundary of Area I is the City limit line) r, West Boundary - Loop 288 AREA J North Boundary - Denton City Limits line South Boundary - Highway 77 West Boundary - Bonnie Brae Street East Boundary - East property line of a tract of land belonging to Texas Instruments AREA K South Boundary - Lying 233' north of East McKinney Street West/North Boundary - East side of Audra Lane extending east and north East Boundary - Beginning in the westerly line of Mack Park and extending northerly for a distance of f approximately 1100' to its intersection with Audra Lane NOTE: A detailed map of these boundaries was provided to the Texas Economic Development Commission on May 7, 1984. I EXHIBIT A-PAGE TWO ~.'•'1 .ti "R's6'^"T ^'1 ^9v+~/. S1•AS-TC- ~:r. r.. . : r44Y :t~. i ~ r.', ( { •f rhr~~~~> Y4',~i- ~~4 r .ti. ,h. ~ 7 ir. • ell, SIj BLIGHTED AREA DESIGNATION STATISTICS* Blighted Neighburhood Areas Item City Neighborhood 25 A Mean Weeks of Unemployment 8.9 16.7 Percent of Families Below Poverty 7.0% 10.9% 22 B Median Family Income $20,724 $11,193 Percent of Families Below Poverty 7.0% 12.1% 16 C Median Family Income $202724 $11,827 Percent of Persons Below Poverty 14.1% 20.3% Median Value of Owner Occupied Housing $49,000 $25,800 Median Rent $209.00 $147.00 Tract 208 D Percent of People Unemployed 15 or More Weeks 18.3% 33.84 Percent of Families Below Poverty 7.0% 10.6% v 18 E Hean Sleeks of Unemployment 8.9 12.5 Median Family Income $20,724 $130250 Percent of Families Below Poverty 7.0% 22.5% ~a 19 F, G Median Family Income $20,724 $10,638 Percent of Families Below Poverty 7.0% 24.1% Median Owner Household Value $49,000 $192400 Median Rent $209.00 $ 95.00 Tract 212 H, I Percent of People Unemployed 15 or More Weeks 18.3% 25.2% Median Family Income $20,724 $12090'+ Percent of Families Below Poverty 7.0% 20.3% Tract 204.01 1 Median Household Income $14,498 $110851 r 13 K Percent of Families Below Poverty 7.0% 13.4% Media:l Family Income $202724 $17,098 A *1980 Census Statistics EXHIBIT B-PAGE SOLO .t Capital Improvement Plan-Public Works Improvements Planned in } Blighted Areas AREA pp .a A, B, C, D, J & K No improvements included in 5 year Capital Improvement Plan or Community Development Block Grant Program (CDBG) at this time. E Prairie Street Paving Project Start: June, 1984. Finish: August, 1984 ! Funding: Street Department and CDBG Cost: $45,000 F East Prairie street Drainage Project Start: 1985 { Finish: 1986 F Funding: Ldpital Improvement & Project Bond Cost: $166,000 Robertson Street Paving Project Start: 1984 OAK. Finish: 1'85 Funding: CDBG Project' a Cost: $230,000 Demolition of Dilapidated Houses Start: 1984 Finis!r : 1985 Funding: CDBG Project i Cost: $303000 G Willow Springs Drainage Project Start: 1987?{' Finish: 1988 Funding: Capital Improvement Project Bond. Cost: $337,000 H Spencer Road Water Line Project (1000' of 8" line) } Start: 1984 Finish: 1985 ? Funding: Capital Water & Sewer Bond Cost: $223000 j I Loop 288 (MKT RR North) Water Line (4,500' of 16" Line) Start: 1986 ti Finish: 1987 ' Funding: Capital Water & Sewer Bond Cost: $112,500 ;v{ EXHIBIT C-PAGE SOLO it rrr , v j R E S O L U T I O N WHEREAS, the term of office for Place 3 of the City of Denton, Texas on the Board of Directors of the Texas Municipal } Power Agency will terminate July 1, 1984; and WHEREAS, Roland Vrsla was heretofore appointed by the City Council of the City of Denton, Texas to Place 3 on the Board of Directors of the Texas Municipal Power Agency and has been serving as such Director to the present time; NOW, THEREFORE, l BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. Pursuant to the terms and provisions of Ordinance No. 75-22 ~ I of the City of Denton, Texas, Roland Vela is hereby appointed to the two year term of office to Place 3 on the Board of Directors of the Texas Municipal Power Agency. The term of office beginning July 1, 1984 and ending June 30, 1986. SECTION II. This Resolution shall become effective from and after its date of passage, and it is so ordered. PASSED AND APPROVED this the day of , 1984. - G ILWARV; CCIT1Y OF D TON, TEXAS ATTEST: l CHARLOTTE ALLEN) U t CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 0 r-'z °i 7. e). INDErINDENT CONTRACTOR'S AGREEMENT M N 2 c THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: The City of Denton, Texts, a Municipal Home Rule City situated in Denton County, Texas, hereinafter celled "City", acting herein by and through its City Manager, and Wa-ie Miser, of the Cicy of Fort Worth and County of Tarrant, hereinafter called "Consultant", hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Consultant to perform the hereinafter designated services and Consultant agrees to perform the following services: A. Consultant will perform inspections functions of the City as assigned to him, reporting to the City Engineer who will coordinate the work assignments. B. Consultant will furnish h°.s own transportation while performing assigned inspections. Reimburse- me_nt for use of Consultant's vehicle shah be included in the hourly wage. 2. COMPENSATION TO BE PAID CONSULTANT: City agrees to pay Consultant for the services performed hereunder as follows: A. Amount of Payment for Services: Twelve ($12.00) Dollars per hour. A reement not to exceed Two Thousand Ntite Hundred ( 2,950) Dollars. B. Dates of Payments: Consultant shall be paid at regular .Iwo-week intervals. Consultant shall main- tain a log of actual hours worked for submission to the City Engineer for each pay period. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Consultant that Consultant is an independent Consultant and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall have supervision and control of Consultant; and it is expressly understood that Consultant shall perform the services hereunder at the direction cf and to the satisfaction of the City Manager of the i City of Dentot r his desigr.ee udder this Agreement. 4. SOURCE OF FUNDS: All payme,its to Consultant under this Agreement are to be paid by the City from special funds appropriated i 1 by the City Council for such purposes in the Budget of the City of Denton. 5. INSURANCE: Consultant sha21 provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect. Consultant in the operation of Consultant's business. 6. CANCELLATION: City reserves the right to k:ancel this Agree- ment at any time by giving Consultant thirty (30) days written notice of its intention to cancel this Agreement. 7. TERM OF CONTRACT: This Agreement shall commence on the 21st day of May, 1984, and end on the 30th day of September, 1984. 8. EXTENSION OF TERM: This Agreement may be extended for a I period not to exceed one (1) year upon the written consent of the I j parties hereto. 9. MODIFICATION: This writing constitutes the entire Agreement I of the parties. No modifications, changes or amendments hereto shall be effective unless in a writing executed by the City and Consultant. EXECUTED the this day of v , 1984. CITY OF A TON, TEXAS I ~ BY: I v ~ ATTEST: (l,ck-) 7 > CI TARP` 0 APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY CONSULTANT 1 BY WADE-MMER i That Jerry Clark, is hereby designated as the person to administer the provision of this Agreement. CAL- C DATE 1 q NO. -~59 AN ORDINANCE PROVIDING FOR :HE ABANDONMENT OF ANY INTEREST THE CITY OF DENTON MAY HAVE IN A PORTION OF A TRACT OF LAND RESERVED FOR .Y STREET RIGHT-OF-WAY WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR 'r0 EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID LAJD TO THE OWNER OF THE ADJACENT TRACT OF LAND; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas acting pursuant to law, and upon the request and petition 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 t portion of land is not needed for public use and that same should be abandoned and quitclaimed to Ben L. Smith. 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 Ben L. Smith, for the s consideration hereinfter more fully set forth; NOW, THEREFORE, C BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the following described trt.ct of land in the City of Denton, Texas be and the same is hereby abandoned, vacated and closed insofar as the right, title and interest of the public are concerned: All tnat certain twenty (20) foot gravel road running south from Collins Street along the west side of Ben L. Smith's 0.7007 acre i tract at the intersection of Collins Street and Carroll Boulevard. i SECTION II. That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and ncorpocated herein conveying said tract of land described therein tj Ben L. Smith. 9 SECTION III. That portion of the tract of land herein described belog vacated, abandoned, and closed ;.s made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not. SECTION IV. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. PASSED AND APPROVED this the I A~day of 1984. (l-, T J) 0 ' ; MAYO CI Y ATTEST: OF D NTON, TEXAS Wit A],'-r1N1 .(A'.11 SEUKET7M CITY OF DENTON, TEXAS APPROVED AS TO LEGAL, FORM : C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS O , ~1~5An BY:-- C-3V M CLAN asZD XARM 9ia6mm Oa, Dd im THE STATE OF TEAS, M10W' ALL 31EN BY THESE PRESENTS: COUNTY OI' DENTON That The City of Denton, Texas of the County ~)f Denton and State of Texas , for and in consideration of the sum of TEN AND NO/100-------------------------------------------- ($10.00)--------------------- DOLLARS, f a; to it in hand paid by Ben L. Smith of the County of Denton and State c_f Texas , the receipt of which w. is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Ben L. Smith his heirs and assigns, all its right titlu and interest in and to that certain tract or par. cel of land lying in the County of Denton and State of Texas, described as follows, to-wit: All that certain twenty (20) foot gravel road running South from Collins Street along the {lest side of Ben L. Smith's 0.7007 acre tract at the intersection of Collins Street and Carroll Blvd. 1. r: r,. TO HAVE AND TO HOLD the said premises, togethar with all and eingular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said hen L. Smith y his heirs and.sssigns, forever, so that neither it the said City of Denton, Texas nor its A nor any person or persona claiming under i t shall, at any time hereafter, ¢ successors have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. k, WITNESS its hand at Denton, Texas thin 22nd day of Mav A. D. V, 84. Wit ~sses at Request of Grantor: The City of Den on, T "a _ -I x ACKNOWLEDGMENT THE STS! TF OF TEXAS, l COUNTY OF f BEFORE ME, the undersigned authority, In and for said County, Texas, on this day personally appeared i known to me to be the person . whose name subscribed to the foregoing instrument, and acknowledged to me that he , executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ..day of A.D. 19..._..._. (L.S.) Notary Public, County, Texas My Commission Expires ' ACKNOWLEDGMENT I THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF . _ in and for said County, Texas, on this day personally appeared j j known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that 'j he.... executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE. This--..._ -day of A.D. 19.......... (L.S.) Notary Public, _ .....County, Texas My Commission Expires CORPORATIO:1 ACKNOWLEDGMENT THE STATE OF TEXAS, DENTON- ~ BEFORE ME, the nndereigiwd authority, COUNTY OF_ - in and for said County, Texas, cn this day personally appeared-_.-Richard 0__Stewart . Mayor Of _ j the...City ---Qf-_Der~to-rl,.._.TeX S_------ _to me to be the per son and officer whosa name is subscribed to the foregoing instrument and acknowledged to me that the same was the &A of the said XX0cj=V.XX and that he executed the same as the act of such corporation for the purposes and consideraVen therein expressed, and in the capacity therein stated. „j GIVEN UNDER MY HAND AND SEAL OF OFFICE This ~nd -day of May A.D-19_84 ~ JEANETTE SCOTT Denton Taxis 1 * ~p7 otfau Notaryyr.bhc, Vounty, Iy tbaiysaa Elks *d 11AW My Commission Expires CLERK'S CERTIFICATE THE STATE OF TEXAS, r, , County COUNTY OF Clerk of the County Court of amid County, do hereby certify that the foregoing instrument of writing dated on the day of , A D. 19 _ with its Certificate of Authentiuction, was !ilea for ' record in wy offce on the day of A. D. 19.__ , at_._.,.._. o'clock ......_M., and duly recorded this day of A. D. 19.......... , at.._.......... o'clvek.......... ..M., in the a _ .....Records of said County, in Vo!ume.._.-...... , on para................. WITNESS MY HAND AND SEAL OF THE (')UNTY COURT of said County, at office in__._...... i , the day and year last at+ove written. 3 County, Texas. ~ County Clerk. Ey _ , Deputy. l ■ • o Ci a J A M Z i% G3.~ V s n O 4Cn ~I < < d cn w. x - d H a z a r 2 o 4 E-4 U 5 jam,' Ito V W c C. S L O o W Tom! O. a c "O F4 W o y I c IAa ZS/:7 E..r fs. C ° E: x 0 ~ t O r 7 o 0 Z i-+ k+ .4.' D O CJ g = a 3 H ~-4 1 iI IL] C) II ~ 1 ~ ~ 4 ~ j Fri Y 7 J `Y NO. ' AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS Sk4E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON) TEXAS, BY ORDINANCE NO. 69-12 AND AS SAID MAP APPLIES TO APPROXIMATELY 5.110 ACRES OF LAND OUT OF THE B.B.B. & C.R.R. CO. SURVEY, ABSTRACT NO. 186, DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; LND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERESY ORDAINS: SECTION I. The Zoning Classification and Use designation of the following described property, to-wit: All that certain 5.110 acre tract or parcel of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract Number 186, Denton County, Texas; said tract being part of tract shown by deed to Bob E. Tripp Trust No. 2 and recorded in Volume 996, Psge 379 of the Deed Records of Denton County, Texas and being more particularly described as follows: rt BEGINNING for the ~.cheast corner of the tract being described herein at a point in l'.e south line of t .,:t shown by deed to Denton Independent School District as recorded in Volume 1140, Page 234, Deed Records of Denton County, Texas, said point being the northwest corner of tract shown by deed to City of Denton as recorded in Volume 1196, Page 442, Deed Records of Denton County, Texas; THENCE south 0006'30" west with said fence 577.94 feet to a point in the north line of tract shown by deed to City :)f Denton as recorded in Volume 1236, Page 745, Deed Records of Denton County, Texas; j THENCE westerly 284.04 feet with the north line of cijrve to left whose radius is 538.35 feet, chord bearing north 67'13'33" west 280.76 feet to end of said curve; THENCE south 77°39'33" west with said road 40.07 feet to the southern southeast corne7 Tact showy: by deed to City of Denton as recorded in Volume 1166, P; .2 of the Deed Records of Denton County, Texas; i THENCE the following calls with the east line of said City of Denton tract: North 12°20'30" west 145.0 feet to beginning of curve to left whose radius is 750.04 feet; Notherl7 149.50 feet with said curve chord bearing north 18003'08 wea.t 149.25 feet; North 23°45'40" west 74.82 feet to beginning of curve to right whose radius is 237.76 feet; NoEtherly 98.56 feet with arc of said curve, chord bearing north 11 53'06 west 97.86 feet; North }000'30" west 125.0 feet to the southwest corner of aforement,.^ned Denton Independent School District tract; THENCE north 89°59'03" east 448.19 feet to the point of beginning. is hereby changed from Agricultural "A" District Classification Use to Planned Development "PD" District Classification for Two-Family (L'uplex) Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following conditions and specifications: Z-1652/CHRISTOPHER LAURANCE-PAGE 1 „a A I. With exception of internal streets or access, the proposed land use shall comply with standard zoning ordinance and building code requirements for two-family land use. 2. The development shall conform with approved zoning concept plan. 3. Plat approval consistent with City of Denton subdivision regu- lation and land development code (with exception of public n':t streets; is required before issuance of building permits; plat approval shall constitute site plan approval. 4. A solid six (6) foot fence with masonry pillars and wood composition shall be erected along the north boundary. k5. If a mtnimum 25 percent of the housing is not developed within four (4) years, this parcel shall be considered for back zoning to its original classification. 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 t hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. SECTION Ii. That the City Council of the City of Denton, Texas, hereby finds "r that such change is in accordance with a compretiensive 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, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. R 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 t day of , 1984. r r *1Y 7EENTONN, TEXAS ATTEST: :,-AR OTT ALL i r ITY &s, E CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: Z-1652/CHRISTOPHER LAURANCE-PAGE 2 T-"t ~7e~' f r i_~~1~k _°S»_.,LeY ~ o. ST i~ i~j .fir i tl 2 n ~ to 70 ;off S ti' , i : rr,.. . • t, -R s~~,g ° r~'.4~ r « -tk e: 4~ la r r ..~Se~~.. •D..r..:s~.'~ xf•~V~'~ t y i ' F1 ' + f 0 B 8 i. FT F = B B •rvl4pe CMC 11 Jill 11 117 e„ l R F H aA \ ' + s i NO. 'a 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, Co SURV Y, APPROXIMATELY ABSTRACT NO. ACRE DENTONDCOOUT UNTY, THE BSBSBID& MAP CAPPLIES TO TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY nRDAINS: ' SECTION I. The Zoning Classification and Use designation of the follow- ing described property, to-wit: All that certain lot, tract or parcel of land situated in the City of Denton, County of Denton and State of Texas being part i, of Subdivision No. 20 of a 640 acre Survey patented to John R. sv Henry Assignee of the B.B.B. & C.R.R. Co., by virtue of Lan Certificate No. 111, Abstract No. 185, and more particularly described as follows, to-wit: BEGINNING at a point in the center of North Locust Street, 50 feet south of the northwest corner of said Subdivision No. 20; THENCE east 30 feet to the east line of North Locust Street and 1 the southwest corner of a lot sold by Rudolph Huber to Chris Huber, for the beginning corner of this lot; THENCE east with the south line of said Cheis Huber lot 160 feet to a stake for corner; north bank of the north prong of Street to the topNof the south THENCE in a northwesterly direction with the edge oi'' said Creek to the east line of said North Locust Street; THENCE north with said east line about 100 feet to the place of beginning, and being all of that portion of the land that lies north of said Pecan Creek that was sold by Rudolph Huber to W. M. Jagoe, fronting or Nortt Locust Street, and extending East 160 feet. 4 is hereby changed from Office n0u District Classification Use to Planned Development "PD" District Classification for Neighbor- hood Service Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following conditions and i, specifications: 'v. 1. No other structures existing or placed on the lot may be used for neighborhood service uses. The duplex and storage facility will maintain their present uses and the 800 North Locust building will be restricted to an artist's studio use with retail privileges. 2. Any requirements not addressed by the site plan or PD conditions shall conform to the Zoning Ordinance and Subdivision Regulations. s :i r. z: x Z-1653/ELEANOR GREEN-PAGE 1 F s :i 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. 6^-1, be, and the same is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. 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, and encouraging Lhe most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. Y` 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 63 CA day of 1984. WA MA tti CI OF D° TON, FE AS 'a ATTEST: CHAR 4CA E , IT&YSE YCRET;RY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: if a 7 Z-1653/ELEANOR GREEN-PAGE 2 r ,r ! A r 1 ~ 1. 'Y X Y u a Y i . rat < ! x.: A w 1) i'r`r'4a ~ 3 r v r9 r y. r Ntf i r 4 S 1 v C a r EN~i t r>y I «i~"J W f{,, v~'' ) r < <t .i 9 ~ t ~+ry ! J} ' ~ 1 p~}`.`.d J" 'tiles-. "fYa.r.L~a.r It.Y.I/f~:~c~11+~`.~Ft.Ylu.ilmtr.aNV'i.%,??t'tl0.*1Cd sF.?^.~:zJ1.''isii N'+rtr` . rv .±~~J4 Ip 1 f + ~ r F~ x , ,n'•;t ~ J `Y +~`YC~,y1[Myr~y~j.~ }rx rl.. ~.+C-•L..xi AY i.Yh^~~'C ~O.1.YJf ~FA Cr-nYYJ'Y RYA~i~. I ' A + • I • 4 V + '[v 1 1 tic ~yJ ~y • 4 a,r - 4 R S vl a rf li ~ ~ r 1 ~'.j r 1~ •J • I/~1 J.JFa Yt I w N t M v r~ 7} ~ . 9 A A t"'qti~ r y, Y~. ,Sr"' r,F y p x r 'a4 p~" A ~f- * 1 nl r 1 y r'= ~ yn t x r ~ 4 ti r., 5. LI- • n.at s~ t }x 1'yJ 1~, + r.'4 c Y~7, Jk~,~ ~3 3~ r~.. ry P'1 4 r ~ ~ '~y^ r,. ''}v ! ^ '~+1 \ Tu 'F~ y11 r, 1''}"~ Y 1'j~ A IJ ~w~`ti y' +i'f {d f • F. Nv . ~T I 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 0.9116 ACRES OF LAND OUT OF THE D'. MEISENHEIMER SURVEY, ABSTRACT NO. 810, DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EI'FECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The Zoning Classification and Use designation of the follow- ing described property, to-wit: All that certain 0.9116 acre tract in the N. Meisenheimer Sutvey, Abstract No. 810, City of Denton and County of Denton, Texas, and being all of a certain 0.9116 acre tract as described o- in a deed from Lena Mae Caldwell to Charles Chandler Davis, Trustee, on the 17th day of January, 1984, recorded in Volume { 1330, Page 542, Real Property Records of said County and being more particularly described as follows: f'• BEGINNING at an iron pin on the southwest corner of Lot 1 of Bolivar North Subdivision recorded in Cabinet B, Page 244 Plat Records and the east right of way of Bolivar Street; s THENCE east with said south boundary Tine 334.0 feet tc an iron pin; THENCE south 00°38'50" east along the west right of way of Elm Street 168.21 feet to an iron pin; THENCE west 336.41 feet to an iron pin; THENCE north 00'31'08" east with the east right of way of Bolivar Street to the place of beginning and containing in all 0.9116 acres of land. r~ is hereby changed from Single-Family "SF-7" District Classifi- •7 cation Use to Two-Family "2-F" 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 Ordinance3 of the City of Denton, Texas, under Ordinance No. 69-1, be, and the same is hereby amended to show such change in District Classification and Use. SECTION II. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of 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, ant with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the m~yimum 6,?nefit to the City of Denton, Texas, and its citizens. Z-1654/RUSSELL TRAPP-''AGE 1 r li 3'wL~}bnyax ~'s,~f~a '1~~317i,.. ;lL ~l'►?4~~~ ~+R~~.,.4L1 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 day of , AM, /e~o TF.N , MAYOR ACIT W7Ti , OF ON , ON, TEXAS ATTEST: EETAAY CITY OF DENTON, TEXAS ->t APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Y`}y' }dr BY: _ NN~y r1 4.1? A ell p~ L.T. Y . ?ate R+ ~•i =teP ~1 Z-1654/RUSSELL TRAPP-PAGE 2 ya fit : c yk~p{. Pit, jf ;k ~ f. .eq. ,i4. ~ r 4e~~ ~ • ' FLA. f NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACL.- V TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 75.21 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE 0. BREWSTER SURVEY, ABSTRACT NO. 56, AND D. DAUGHERTY £JRVEY, ABSTRACT NO. 357, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton, Texas; and WHEREAS, an opportunity was affor at a public hearing held for that purpose on the day o' 1984 in the Council Chambers for all interested p,;-tsons to state their views and present evidence bearing upon the annexation provided by this E ordinance; and r y WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the J01A4 day of 1984 in the Council Chambers for all interested persons to state their views and present eviL nee bearing upon the annexation provided by this ordinance; and WHE,tEAS, this ordinance has been published in ful'. at ieast one time in the official newspaper of the City of Denton, Texas, Y prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTOY, TEXAS, HEREBY ORDAINS: SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by PAGE ONE :'~t 1 ~ q~~ ~ ~ tV. • n , ,.r ~T>~~.~~r-\T,. -R C' -'•~Ra~. vw x7r wir~e~lw~i awe #r~ - LIMMOW/ the City. The tract of land hereby annexed is described as i follows, to-wit: 'j All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the 0. Brewster Survey, Abstract No. 56 and the D. Daugherty Survey, Abstract No. 357 and being more particularly described as follows: BEGINNING at a point in the present city limits, said point lying at the intersection of the west boundary line of the tract described in Ordinance No. 69-40, Tract II with the southeast corner of the tract described in Ordinance No. 80-56, said point also lying 500 feet west of and perpendicular to the centerline of I.H. 35-i1; THENCE sc+uth 20°50'12" west along said present city limits as established by Ordinance No. 69-40 and 500 feet west of and parallel with the centerline of I.H. 35-W, passing at 1427.62 feet the south boundary line of a tract described in deed recorded in Volume 725, Page 365, same being the north boundary line of a tract described in deed recorded in Volume 725, Page 370 of the Deed R::cords of Denton County, Texas and continuing for a total distance of 1676.17 feet to a point for a corner; THENCE, south 26"51'40" west along said present city limits and 500 feet went of the centerline of I.H. 35-W, a distance of 1605.49 feet to a point for a corner in an east and west road, same being ` the south boundary lint of said tract; Y THENCE south 89°55' west in said road, same being the south boundary line of said tract a distance of 406.14 feet to a point for a corner, :name being the southwest corner of said tract; THENCE north 0°33'45" east` along the west boundary line of said tract a distance of 1670.98 feet to a point for a corner, same being the n--,rthwest corner of said tract described in deed recorded in Volume 725, rage 370, said point also being the southwest corner of said tract described in deed recorded in Volume 725, Page 365; THENCE north 2°42' east along the west boundary line of said tract a distance of 1322,74 feet to a point for a corner in the present city limits, said point being the southwest. corner of the tract described in Ordinance No. 80-67; THENCE south 89°49' east along said present city limits, passing at 868.80 feet the southeast corner of the tract described in Ordinance No, 80-67 same being the southwest corner of the tract described in Ordinance No. 80-56, and continuing for a total distance of 1681.22 feet to the place of beginning and containing 75.21 acres of land, more or less. SECTION II. The above described property is hereby classified as Agricul- tural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which rap is hereby amended accordingly. PAGE TWO w t ti,. r ~r,y l t s F ' r a F ! S1 iL ~ ) 1 A r d 1 f rii~ . ~i } w(~~: 7 1 w^ 0 q U r k' , o Y rS .i tl Ir• 1t. r Y S y1t~.M y" 1• • 1 t A r, 1 rti I 1 1 Y1 1• ;i • , l~ i~• `sl' I ~r Cte t1~r~,J,r 12 r •r y yx,,IQ .h 1 {,y i f11 SECTION III. This ordinance shall be effective immediately u on its passage. is ,s Introduced before the City Council on the day of LI ;r 1984. G = 01I rr PASSED AND APPROVED by the City Council on the _ day of 1484. T Y t TEWAR MAYOR CIT OF DE TON, TEXAS R ATTEST: 4 1 .I CHARLOTT ALLEN, CITY SECRETARY CITY OF DENI'ON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: _ t i f I I' 1 1 I PAGE THREE • r^(rOp~il ~ _.T.r .i y ~p ` i 1 y`y r . t 1'•1+])'v T1 T.. ~f.. . ~ r. 'a'a ~I 1:~4 11y~~lil ' i~' ry t,i i~i'r'•}<r ~ , • fy..fp E.~ / 1, 4lir S c~,,"~l.y i 1 ~ I S yy rru a {il i ¢+dl r l }y l' 1 ! l%' } 1 "S'~A Y. '►:i S •~7yy 4 J 1~ 4 1 S~ y(r f iE a r v z Sr • ~ .mrati ~S ~cn.x:W~.a:.. , w1~ ~t,r , , PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS ' r "j WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body cf a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS : Section 1. Pursuan+, to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: i. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective 1 date of annexation; P (2) Traffic signal,., traffic signs, street markings, ~ ~r -.nd other traffic control devices will be installed as the need therefore is established by appropriate AX study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. i yF,e, C. Water i (1) Rater for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas, E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective 6 date of annexation. I. 1~i `v... ..,•^~~~:'e-+~,.~.~~~,.. - "SFT": i__ °'i" - _ -l.•~~Tr.err- _ I': -ssam^, 7.a{,r"r -7--!' " ~t I, 'Al l t ~ V , ~l Y X 1 1 1 ~ 1~ ~C, l t t YT1.'~i, L 1 i L I '~'I IM1ti 4 1 ~ yt?e/~ it 1 I R ! , 1 > M fiHl k 1 Y j'~~~~~ ~1L~YS'~.d Pr _:'F; 2_~ ..'~~.~~'1i "~1~1',ICa ~.~!A~, LTS.I ~hI'~ iA'A 9~3A~t~l.-m"~~. ~~L, K`4• c j r 6 IX, 140 4 service Plan Annexed Areas Page two ~i F. Streets (1) Emergency maintenance of streets (repair of hazardous I chuckholes, measures necessary for traffic flow, etc.) } will begin on the effective date of annexation, i f2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa-• tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. fff r~1Y G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation, H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I, Street Lighting :tr h (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. i . , 14 J. Recreation {r :r t (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and tip policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. Electri; Distribution Y . (1) The c'ty recommends the use of City of Denton for elect7ic power. G I ~x I : ~ ' ti ~pw 11 i ~ppr' f * yiy cJtil -J' I 1 1 4 4~ r c Y ' , : F a , \l ~ 4 1 ! ly~ y l 1, yC~1 ! pp~'ll ♦ ( r~ , r , y r` Y.~ Al ~:",1 i I ~is t r I R ~pp~ RR!/ 1''i i S Y F 1'Y A y {,lt l~~ q. I' 4 7' 1 N ~4 ! 5. f, a f r r 1 x ~~.'t 1 q,'. t pp,, !//gy~pp Y *.1 Y y 1¢ + 4.3~t1 ii ~ 'S^4 r+1':W'. FoA: r•n. :Y'. raw'hT4' f.w'x,Mrofa.. A'"'.r e. • c.,w r Service 'Plan. Annexed Areas' Page three L. Miscellaneous 't 17 (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. i s` II. Capital Improvement Program (CIP) j 1 The CIP of the City consists of a five year plan that is up- dated The Plan is prioritized b such yearly. by policy guide- lines as: '.a (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. I (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. 1 The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established -iteria as all other areas of the city. "f 1 t: ~T Y! c n ti ' ryry, (4,h{7 l a°' Y-Y py 7 J-r 1 .a. 4 "1 . x • ~I ~ it R i • ~ .I 9 Ip ~`S } ! I d G ~ i rt r' , L' ~ r ~ ( ~ 1 \ EI r' ~ \ + , + 1 3 - I. ~ ~ ~i ~y ~ (I ~ , r/l y ' ~ 1'1 64? . f ~1r .,p . .r x 'M NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. ~ On the of , 1984, at 7:00 o'clock P. M. in the City Council Cham rs o the Municipal Building of the City of Denton, Texas, the City Council will hold t public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described below. On the day of1984, at 7:00 o'clock P.M. in the Cit O ncil Ch er Fie Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: art: cy All of that certain 9.015 acres of land, a part of the Samuel McCracken Survey, Abstract No. 817, in Denton County, Texas, and being a part of the 152.542 acres conveyed to Massey and Wilson by deed of record in Volume 772, Page 903, in the Deed Records of said County, and this tract being described by metes and bounds as follows: BEGINNING on the east line of said 152.542 acre tract at the southeast corner of 11.0 acres conveyed to Pruett by deed of record in Volume 845, Page 598, in the Deed Records of said County, for the northeast corner of this; THENCE south 02°51'06" west 839.4 feet with the east line of k' said 152.542 acres to a northeast city limit line of the City of Denton, Texas, which runs parallel to and 600 feet northeasterly of the centerline of proposed Loop No. 288 for the southeast corner of this; THENCE north 57211'25" 803.0 feet with said northeast city limit line to an internal corner of said city limit line which is 500 r,aet southeaster,y of at right angles to the centerline of Sherman Drive or F.M. Highway No. 428 (this line running parallel to and 600 feet at right angle from the centerline of the pro- posed Highway Loop No. 298); to the southwest corner of this; THENCE north 29°37'08" east 475.0 feet running parallel to and 500 feet at right angle from the centerline of F.M. Highway No. 428, to the north line of the remainder of the 152.542 acres mentioned above and the south line of the Pruett 11.0 acres mentioned above for the northwest corner of this; THENCE south 88°50'32" east 482.0 feet to the place of beginning. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be A-4/PAGE ONE r :i :a published once in a newspaper having general circulation in the City and in the above described territory not more than forty i days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal Annexat-ion Act A (Article 970x, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be is full force and effect immediately following its passage and approval. PASSED AND APPROVED this the day of , 1984. CI OF DE TON, TEXAS ATTEST: r 0 4Lh N.9 UITY SECKMARY CITY OF DENTON, TEXAS G APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY : 1 ti A-4/PAGE TWO r: ~ A ti....=~i y~J. 1,i a..~ o :'kt~t ~~S~~eA. 1 J.t 'if NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to adu the following described territory to the corporate limits of the City of Denton, to-wit: ;a ' All of that certain 9.015 acres of land, a part of the Samuel McCracken Survey, Abstract No. 817, in Denton County, Texas, and being a part of the 152.542 acres conveyed to Massey and Wilson by deed of record in Volume 772, Page 503, in the Deed Records of said County, and this tract being described by metes and bounds as follows: BEGINNING on the east line of said 1.52.542 acre tract at the south- east corner of 11.0 acres conveyed to Pruett by deed of record in Volume 845, Page 598, in the Deed Records of said County, for the northeast corner of this; r~ THENCE south 02°51'06" west 839.4 feet with the east line of said 152.542 acres to a northeast city limit line of the City of Denton, < Texas, which runs parallel to and 600 feet northeasterly of the centerline of proposed Loop No. 288 for the southeast corner of this; THENCE north 57011'25" 803.0 feet with said northeast city limit line to an internal corner of said city limit line which is 500 feet southeasterly of at right angles to the centerline of Sherman Drive 4.. or F.M. Highway No. 428 (this line running parallel to and 600 feet at right angle from the centerline of the proposed Highway Loop No. 288); to the southwest corner of this; s hJ -`ry THENCE north 2.9°37'08" east 475.0 feet- running parallel to and 500 1 feet at ri ht angle from the centerline of F.M. Highway No. 428, to the north ine o the remainder of the 152.542 acres mentioned above f 's and the south line of the Pruett 11.0 acres mentioned above for the *w northwest corner of this; <r THENCE south 88°50'32" east 482.0 feet to the place of beginning. A Public Hearing will be held by a9d before the City Council of the City of Denton, Texas, on the day of , 1984) at 7:00 o'clock P. M. in ube City Council Chambe s of the Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said r' matters and things, all persons interested in the things and matters " herein mentioned, will take notice. P A Public Hearing will be held by qd before the City Council of the City of Denton, Texas, on the day of aee1984, at 7:00 o'clock P. M. in the City Council Cham e o the Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters r herein mentioned, will take notice. i G C Y OF D•~ TON, TEXAS ATTEST: ~w A 22L rr 'i. r' br'jLL Iii THE MATTER OF City of nontnn Charlotte Allen, City Secretary TIIE: STATE OF TEXAS Roy Appleton, Jr. County of Denton I being duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published fcir a period of not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said pnper on the following dates: Public Notice No. 84-65 May 31 and June 19 1984 Subscribed and sworn to before r his 1 day of Witness my hand and official seal. Notary Public, Denton County, Texas i If ERE PASTE THE NOTICE B1' 111111, [CATION CUT FROM PAPER IN THE: MATTER OF THE I H NO. 94-M ~1 - AN ORDINANCE k 3 PEALING AND REEN, AFFIDAVLTOFPIiBLISHEIITO 3 ACTING ARTICLE 111, 0 CHAPTER 73 OF THE PUBLICATION OF LEGAL NOTICE Y CODE OF ORDINANCES OF THE CITY OF DENTON, = TEXAS, RELATING TO T MOBILE HOMES. MOBILE HOME PARKS AND TRAV• Filed Iho, ' day . EL TRAILERS PROVID4 b ING A PENALTY OF A FINE NOT TO EXCEED r TWO HUN DREG _.19 DOLLARS;PROVIDING A SEV£RABILITY.CLAUSEI REPEALI G ALL. OROI- 194NCES 1N CONFLICT HEREIN TH;ANO DE- L CLARING`AN EFFECTIVE DATE OF J UN E S.19BI. 4 Y 31,1944 Jge 11 1964 Deputy °i1N Y 1 \ y , a SY Y -A r wo • AN ORDINANCE REPEALING AND REENACTING ARTICLE III, CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO MOBILE HOMES, MOBILE HOME PArAS AND TRAVEL TRAILERS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; REPEAL-:NG ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DEINTON HEREBY ORDAINS: SECTION I. That Article III, Chapter 23 of the Code of Ordinances of the City of Denton, Texas, heretofore effective, is hereby repealed and reenacted in its entirety to hereafter read as follows: ARTICLE III. MOBILE HOMES, MOBILE HOME PARKS & TRAVEL TRAILERS Section 23-22. Definitions For the purpose of this article, certain terms, words and phrases shall have the meanings indicated: Agent. Any person authorized by the licensee of a mobile home park to operate or maintain such park. Building Official. The legally designated inspection authority of the building inspection division of the public work3 department or his authorized representative. City/County Health Director. The legally designated head of the city and/or county health department or his authorized representative. Collector Streets. A roadway that collects traffic from local roadways and feeds the traffic to larger streets. Common Access Route. A private way which affords principal means of access to individual mobile home stands or auxiliary buildings. Drive-way. A minor entrance way off the common access ro,:te within the park, into an off-street parking area serving one or more mobile homes. Drying Yard. An area specifically designated for use by PAGE 1 7R+n ~ ,+vc+.k~i7Rr'c,91+~?RI, ~gwareae~,~ ~}~~jy~y~i 3+'~~f' ' r a r.'{vv~ +r. IY t+ t ',i 1'.4 i 1 1 1~1'. S ..J,ti ~ . i. i r+ ' 1 .f.' a e ~t ~~r ir. l., residents for the purpose of hanging clothes out to dry, usually approximately 2,500 square feet per one hundred (100) living units. Electrical Connection. The connection consisting of all wiring, fittings and appurtenances from tahe disconnect box to the distribution system within a mobile home or travel trailer. Front. That part of the mobile home space which abuts the common access or private drive, if double, the owner shall elect which one is the front, and such an election shall be stated shown on the final plat. Internal Street. Same as Common Access Route. License. A written license issued by the city buildin,; official permitting a person to oprate and maintain a mobile home park or travel trailer park under the provisions of this article. Licensee. Any person licensed to operate and maintain a mobile home park or travel trailer park under the provisions of this article. Local Street. A street that gathers local traffic from a residential or other low intensity area. and transports it to collector streets. Mobile Home. A moveable or portable dwelling constructed on a chassis and which has been designed so that it may be occupied and used without a permanent foundation; further a single-family dwelling unit suitable for year-round occupancy and which has pro- vision for compliance with the applicable code requirements for dwellings. Such vehicle shall be eligible for registration and licensing by the State of Texas for being transported, on the public streets and t,ighways. Mobile Home Park. A unified development of mobile home spaces, or stands arranged on a tract of lard under private ownership, meeting all requirements of this article. Mobile Home Subdivision. A unified development of mobile home sites or lots which have been divided for the purpose of individual PAGE 2 yp. tT,rt laq ~ 4't!r*y^e*P'v'?~' 1em,n~rrApc-r~AA•~e1n! r+se'iR~,~1y~? +1r: +Il ,.'.~;.t C ~.,.1 i ''i r, t it C :L~.~~li; "i~..'~!A t4 yf~+1~1 v;~p 7~1, ~l""ed 9"v)~ 1 ii . qlr '1v '+3 tl y r< i 1J•i ~ 7 +5{. it all r~l ~ i I~-' f :1+ ~ + ri, r Yi ~a' A~ r' ),I +~,ti i r~ ffp f A ~ t j ~:~r~ i ~'R ` `~t. • 1 , ~~51 •v ~ f~~ j~L. yT ; ~ ~ +a`L,y~.y t~. kill 1 ~ ; r F r S+i ~a p . ~ I+ ' l M 1 y "'~P Y fie, '~r r 1 1 r 7! •.A +1 ~ .as ~ a,l~'tl,''' 4~ Sz; ' It^ tits ~ ownership, and which is governed by the provisions of the subdi- vision regulations of the City of Denton. Mobile Home Lot. A parcel or tract of land for the placement of a single mobile home and the exclusive use of its occupants and which is located in a mobile home subdivision approved by the planning and zoning commission of the city. Natural or Artificial Barrier. Any creek, ravine, pond, rail- road, fence, hedge, or similar physical separations which prohibit a direct view from outside the mobile home park. Parking Space. A minimum space nine (9) feet in width by twenty (20) feel: in length, located within the boundary of the mobile home space for the purpose of automobile storage. Park Occupant. one who occupies a mobile home or travel trailer within a licensed park. Permit. A written permit or certification issued by the building official permitting the construction, alteration, or extension of a mobile home park or travel trailer park, under the provisions of this article and regulations issued hereunder. Person. Any natural individual, firm, trust, partnership, association, entity, or corporation, or any combination thereof. Pickup Coach. A structure designed to toe mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses. Playground. A tract or parcel of land one to four (4) acres in size which is reserved and designed primarily for a children's play area, and equipped with conventional playground facilities such as swings, slides, etc., in addition Lo larger facilities such as ballfield or adult recreation area. Plot Plan. Graphs c representation, drawn to scale, in a horizontal plane, delineating the outlines of the land included in the plan and all proposed use locations, accurately dimensioned, PAGE, 3 s py'Mn F ~rv(,era'r~ e , F,*~ea ~.urr~7, p~nw^wn ~r I~ ~i.' 1. f S~7r 1 i~ i r~ r T 4 ? j r~ Ir r w _ y K fr } ! Jfl)t 1 i i ~r~,~E ~ - a 'i i'..i ~ 1. V:T iu lr'.~i•~l kin 5'`f~'. and indicating the relation of each use to that adjoining, and to the boundary of the property. Register. A well bound book, kept legibly covering all pertinent: information required by this article. Replacement. The act of moving one mobile home from its existing stand and replacing it with another mobile home. Screening Device. A solid masonry or wooden wall or fence, a woven wire or chain link fence with metal strips woven through the mesh to form a solid screen, a woven wire or chain link fence with evergreen shrubs forming a sight screen. Service Building. A structure housing toilet, lavatory, and such other facilities as may be required by this article. Sewer Connection. The connection consisting of all pipes, fittings, and appurtenances from the drain outlet of a mobile home or travel trailer to the inlet of the corresponding sewer service riser pipe of the sewage systen serving the mobile home park, or travel trailer park. Sewer Service Riser Pile. That portion of a sewer service which extends vertically to the ground elevation snd terminates at a mobile home or travel trailer stall. Site. Same as stand, unless otherwise stated in the paragraph. Site Plan. Same as plot plan. Stall. That limited portion of the mobile home stand which has been readied for the placement and use of a mobile home in accordance with this article. Stand. An area within the park which has been improved for a single mobile home or travel trailer as provided in this article, Subdivision Ordinance. The rules and regulations governing the platting, subdivision and development of land withici the City of Denton. Tot Lot. A small parcel of land, usually one-half (1/2) acre or less in size, designed as a children's play area and equipped PACE 4 ~.+'.w^w~ygS~TT'i~rwa~n ant .wat~rw~.: ity w A4 T tMV ,1' "7 INV I Y.1 All r{;.~l 5: J~ c ~'r I ) .II33 v t{/].':.yp I •rv`~`~ )y~. irM+ ~{$~v ~~y~ t fI {I •S Y Y " .j S r. n r.,,t, v !7.. R`YI~ cif with swings, slides, merry-go-rounds, and similar facilities. Travel Trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling, selfpro- I pelled or to be towed behind a motor vehicle, without special permit being needed, of a gross weight of not more than 4,500 pounds and having an overall length of not more than twenty-eight (28) feet. Travel Trailer Stand. A parcel or area of land for the place- ment of a single travel trailer and the exclusive use of its occupants and which is located in a travel park approved by the planning and zoning commission of the city. Travel Trailer Park. A unif?:d development under private ownership designed primarily for transient service, on which travel trailers, pickup coaches and self-propelled motorized vehicles, are parked or situated and used for the purpose of supplying to the public a parking space for such vehicles, meeting all the requirements of this article. Water Connection. The connection consisting of all pipes, fittings, and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within a mobile home or travel trailer. Water Riser Pipe. That portion of the private water service system serv'-.ig a mobile home or travel trailer park, which extends vertically to the ground elevation and terminates at a designated point at a mobile home or travel trailer space. Zoning Ordinance. The comprehensive zoning ordinance of the City of Denton, being Ordinance No. 69-01, as amended. Section 23-23. Permit Exceptions No permit shall be issued for the construction or occupancy of a permanent residential structure in any mobile home subdivision, mobile home park or travel trailer park, with the following exceptions: PAGE 5 ^r' vp t pxr r. s4^s1lm~y;q, .rv,eye.,'R--Try y,~:~J L y,~-i{ 1 l~ rn r w .•:41.4?' -~''.1 4. q-y;i i~.1i LLT;'~i ~t'f'i~t.~.~!`i'IPP~i" •~~'.1 ~.'aM+!`'4'~G:L:~~J ~n K Ii:~^.~~SfLH~i.~'~ :[f, ~'Yk?s. a7 t r xsq j~ , Wnrtr jN~ 1777 V r 1 .h < y P v, r y [ k 3 1 :4'V lY (a) One existing residential structure may be retained or one new residential structure may be constructed for the occupancy of the owner or agent of the park or subdivision. (b) An existin3 residence may be converted to a clubhouse, community center or service building for use by the resi- dents of: the mobile home subdivision, mobile home park, or travel trailer park. Section 23-24. Permits Required It shall be unlawful for any person to construct, alter or extend any mobile home park or travel trailer park Athin the limits of the City of Denton unless he holds a valid permit issued by the building official in the name of such person for the specific: construction, alteration or extension proposed. Section 23-25. Application Requirements (a) All applications for permits shall be made upon standard forms provided by the building official and shall contain V.he following: (1) Name and address of the applicant, and of owner. (2) Location and legal description of the mobile home park or travel trailer park. (b) To this application shall be attached ten (10) copies of the plot plan and construction drawings drawn to a standard scale on a standard twenty-four by thirty-six (24 X 36) inch sheet. The plan and construction drawings shall include all data required under this article. One print of the plot plan is to be circulated by the building official to each of the city departments or divi- sions designated. The plot plan does not replace or supersede any subdivision plat of the property required by state law to be recorded in Denton County Plat Records after review and approval of the Denton Planning and Zoning Commission. Section 23-26. Permit Fees (a) Building Permit. All applications to the building official shall be accompanied by a fee of one hundred dollars ($100.00) for up to the first ten (10) stands and two dollars ($2.00) per stand thereafter. PAGE 6 ~rl 77777 ~'.J' Y Aj)'I. ~ti~ tF fr ~TA'1lRT Ir~PY !w 'rAq~,PA; `MTEM17~ 7 7 it w. ti 4 / !.,1.'0.w.,x'~:35~{L,e''t~. ; a 3~ r[~1;F°d, [t✓-::7'.A !'~+1XJ('aSrM 6 ~1 aj'/'~li YA%../~~lf r' t11, 11~.~ Ipv7K •~/'i'~4 i.2/ rYt " r lrr1/ a ai/F ri t i! Y` r,,ra V 0 r. r `t! : `.~.1' (fir Y Y •e; ( r ~ 44 -4~ r W Y . it `Fr I i aft` ~r ri i F r L~.~I ~ 1• r ~:c"rr ti~ y: e~~Y,l~ ~w . u a t,t (b) Plumbing Permit. The plumbing permit fee shall be two dollars ($2.00) per stand. (c) Electrical Permit. The electriccal permit fee shall be two dollars ($'2.00) per stand. Section 23.27- Issuance of Permit. When upon review of the application, the building official is satisified that the proposed plans meet the requirements of the article and other applicable ordinances, and after four (4) complete sets of plans have been returned reflecting all changes requested by any city official, a permit shall be issued. Section 23-28. Denial of Permit; Hearing Any person whose application for a permit under this article has been denied, may request and shall be granted a hearing on the matter under the procedure provided in Section 23-51. Section 23-29. Reserved. Section 23-30. License Required. It shall be unlawful for any person i:o operate any mobile home or travel trailer park within the limits of the City of Denton unless he holds a valid license issued for the current year by the city building official in the name of such person for the specific park. All applications for licenses shall be made in writing on forms furnished by the city building official, who shall issue a license unless the applicant is a valid holder of a certificate of occupancy. When a certificate of occupancy is revoked, the license is automatically void. Section 23-31. Application for Original License. Application for the original license shall be in writing signed by the applicant, accompaniek,,' by an affidavit of the applicant as to the truth of the application and by the deposit of the license s fee hereinafter provided, and shall contain: (a) The name and address of the applicant. (b) The location and legal description of the park. PAGE 7 V}~:$ 4 ~.M'n ygww~I /.G~, (1 • sr l r tt Y ~i;,y rr SI ice. _ _ .I~ Yoh i,t',~.r.1':, rf.wf Llih-~f1ML r 1 'I,Y T ,.,1 71r'~ig5( P kM ~r y' ^y ! P.'~ ; a •yyE~j s._~-~•; ltV ! , ri S r "rn .1 wi M. t S~tti ;'a ^Y p~ •~Vv r``r .r. (c) A plot plan of the park showing all mobile home or travel trailer stands, structures, roads, walkways, and other service facilities. Before the original license or renewal is issued for the operation of any mobile home or travel trailer park, the city building official shall be assured of compliance with all provi- sions of this article. Mobile home and travel trailer parks in existence and lawfully operating prior to the effective date of this ordinance may continue to operate as nonconforming parks upon application for and receipt of a park license in accordance with the above application procedures. The provisions of Article 22 of Appendix B to the Code of Ordinances of the City of Denton relating to nonconforming uses and structures shall apply to nonconforming parks licensed hereunder. Such parks shall be inspected at least i once a year to insure the safety, health ant welfare of the occupants of the park. Section 23-32. Application for License Renewal Application for renewal of licenses shall be made in writing by the licensee on forms furnished by the city building official, on or before October first of each year. Such application shall contain any change in the information occurring after the original license was issued for the latest renewal granted. Section 23-33. License Fee All original license applications or renewals thereof shalt be accompan:ad by a fee of two hundred and five dollars ($205.00) plus four dollars and ten cents ($4.10) for each mobile home stand or travel trailer stand in the mobile home or travel trailer park. The original fee shall be prorated on the nearest quarterly basis between the date `.f the original license and October first of that fiscal year. E,-1 renewal fees shall be due on October first of each year. i Section 23.34. Licenses Not Transferable Licenses issued under the provisions of this article shall not PAGE 8 1['!F`.~illu42 t( r.K. ea'1b~7:dJ .~i',?~. #`a~A~.:'~d~"r N$ v~'J'~''•;3 i. ~k`c~~~'i !k"~"iw!~?~Tk it~~~ a'~,i~f Yp,ti.7..0 '~y..~~4~,I ;.i~ 73.- ' % be transferred. A new license will be issued to any new owner upon compliance with the provisions hereof. Section 23-35. Violations; Notice; Suspension of License Whenever, upon inspection of any mobile home or travel trailer park, the city b•iilding official, after consultation with the city official or officials he deems competent to ,judge, finds that conditions or practices exist which are in violation of any provision of this article he shall give notice in writing in accordance with Section 23-50, to the licensee that unless such conditions or practices are corrected within a reasonable period of time specified in such notice, the license shall be suspended. At the end of such period of time, the city building official shall reinspect such park, requesting assistance from other city departments as may be required and if such conditions or practices have not been corrected he shall immediately suspend the license and give notice in writing of such suspension, to the licensee. Upon receipt of notice of such suspp pion, licensee shall cease operation of such park, exc;,, nvi.dad in Section 23-52. Septions 23-36/23-39 Reserved Section 23-40. Inspections Required The building official, the city-county health director, the fire chief, the fire marshal, the police chief, the city engineer, the director of utilities, and the tax assessor-collector or their representative are hereby authorized and directed to make such ic,spections as are necessary to determine compliance with this article. Section 23-41. Entry on Premises The building o.`.ficial, the city-county th director, the fire chief, the fire marshal, the police chief, the city engineer, the director of utilities, and the tax assessor-collector, or other city official shall have the power to enter at reasonable times upon any private or public property for the purpose of PAGE 9 a rii'%se.~4.~1C~J4V!~a ~Y Po~~+vi '.<.ss ;wK t ~ ~r'r ~(ryur,s `ds • A,.,ti tip. ~ I '-1 ; ~ 'i U ~ i • ~ Y r r . T Jrif . +a l~ til. 4~i~~ tit ♦n.. r ''CY inspecting and investigating conditions relating to the enforce- ment of this article and for the maintenance of the utilities. Section 23-42. Inspection of Register The building official, the city-county health director, the fire chief, the fire marshal, the police chief and the tax asses scr-collector shall have the power and authority in discharg- ing their official duties to inspect the register containing a record of all residents of the mobile home or travel trailer park. Section 23-43. Duty of Occupants It shall be the duty of every occupant of a mobile home or travel trailer within a licensed park to give the licensee, his agent, or authorized employee access to any part of such park at reasonable times for the purpose of making such repairs or altera- tions as are necessary to effect compliance with this article. Sections 23-44/23-49. Reserved Section 23-50. Notice of Violations; Requirements of Notice Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this article, the city building official shall give notice of such alleged violation to the licensee or agent, as hereinafter provided. Such notice shall: (a) Be in writing; I (b) Include a statement of the reasons for its issuance; (c) Allow a reasonable time for the performance of the act it requires; (d) Be served upon the licensee or his agent; provided that such notice or order shall be deemed to have been properly served upcn such licensee or his agent when a copy thereof has been sent by mail to his last known address, or when he has been served with such notice by any method auth- orized or required by the laws of this state; and (e) Contain an outline of remedial action which, if taken will effect compliance with the provisions of this article. Section 23-51. Appeal from Denial of Permit by the Building Official Any person affected by the refusal of the building official to issue a permit under the provisions hereof, may request and shall PACE 10 ja+~.•.++••'rAp.yJt;. a;t{~ra5 3 be granted a hearing on the matter before the board of adjustment; provided that such person shall file within ten (10) days after the day the permit was refused, in the office of the building official, a written petition requesting such hearing and setting 's forth a brief statement of the grounds therefore. Upon receipt of such petition the building official shall forward it to the city secretary who shall set a time and place for such hearing and give the petitioner written notice thereof. At such hearing the C petitioner shall be given an opportunity to be heard and to show why such permit should be issued. Section 23-52. Appeal from Notice Issued by the Building Official Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article, by the building official may request and shall be granted a hearing on the matter before the board of adjustment, provided that such person shall file within ten (10) days after the day the notice was served, in the office of the city secretary, a written petition requesting such hearing and setting forth a brief statement of the grounds therefore. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension. Upcn receipt of such petition, the city secretary shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an oppor- tunity to be heard and to show why such notice should ba modified or withdrawn. ti Sections 23-53/23-59. Reserved Section 23-6U. Plot Plan The plot plan shall 1)e filed as required by Section 23-25 and shall show the following: (a) The area and dimensions of the proposed park with identi- fication of location and boundaries; (b) The number, location and size of all mobile home and travel trailer stands; PAGE 11 I WP 'iwIl~ ti~7IO.'-M -I~,A9i~L I i (c) The location and dimension of driveways, roadways and walkways; (d) The location and size of water and sewer lanes and riser pipes; (e) The location and details of lighting, electrical and gas systems and semi-public telephone locations; (f) The location of all water and sewer main lines and electrical lines and the dedication to the City of Denton of all necessary easements; (g) The locations of all existing and proposed buildings and structures; (h) Existing and proposed topography of the proposed park; (i) The locations of fire mains, including the size, the hydrants, and fire extinguishing equipment; (j) Such other reasonable information as may be required by city Officials. Copies of the plot plan shall be circulated to the following city departments by the building official, and approval obtained from them prior to issuance of a permit: engineering department, health department, fire department, police department, utilities department, tax depart;!ent, and the parks and recreation department. Section 23-61. Requirements Any "evelopment, redevelopment, alteration or expansion of a mobile home park within the city limits of Denton shall be done in ' compliance with the following requirements: (a) Location: A mobile home or travel trailer park shall be located only in designated zoning areas and with a specific use permit for that purpose, as provided and defined in the zoning ordinance. (b) Basic minimum requirements: s (1) Area Re uirenents. There is no mini.mun area which may eeF~eve ope or used for mobile home park purposes. (2) Stand Requirements. Each stand shall provide a minimum area of five thousand (5,000) square feet; however, no such stand shall be less than forty (40') feet in width nor less than one hundred (100') feet in depth. (3) Screening. There shall be constructed and maintained a permanent screening device not less than six (6') feet in height on all sides of the park except where PAGE 12 it 7+,~^i F °l{►?1~. .'~~l;g'vyrF.,' i ~ .r + P J 0 VP 51 6 r4 kB, 4 ` i~ i 'r . N r6 r , , .i 'i.) / it i. f' ~l Ito 111 I ~nuu 1, 1i natural barriers exist to form all or part of such a screen, or where roadways exist to create P. traffic hazard. (4) Open Space Requirements. (a) The minimum front yard setback shall be fifteen (15') feet from the nearest corner of the mobile home or travel trailer to the front line of the stand. (b) No mobile home or travel :railer shall be closer than fifteen (15') feet to any adjoining public right-of-way. (c) For other structures, the minimum front yard setback shall be at least fifteen (15') feet. (d) The minimum distance between mobile homes and travel trailers shall be twenty (20') feet on the sides and sixteen (16') feet on the front and rear. (3) height Regulations. ~ d (a) The height limit for any mobile home or travel trailer in the park shall be eighteen (18') feet. (b) The height of the mobile home frame ,above the i ground elevation, measured at ninety degrees (900 to the frame, shall not be greater than three (3'3 feet; and for travel trailers not greater than two (2') feet. (6) Soil and Ground Cover. Exposed ground surfaces in all parts of every shall be paved, covered with stone screenings or other solid material, or protected with ' a vegetative growth that is capable of preventing soil erosion and eliminating dust. (7) Dr~ain~age. The ground surface in all parts of a park s~aTI-be graded and equipped to drain all s•arfac:e water in ,a safe, efficlPnt manner. The adequacy of a drainage facilities shall be verified by a licensed professional engineer. There shall be an analysis and design of the 100 year flood improvements to meat FEMA ; requiremen.ts. (8) Design and Location of Storage Facilities. Storage f~cilitiei3 with a minimum capacity of two hundred (200) cubic feet per stand may be provided on the stand, or in compounds located with one hundred (100') feet of each stand. Storage facilit.i.es shall be designed in a manner that will enhance the appearance of the park and shall be faced with masonry, C porcelained steel, baked enameled steel or other ,_6 material equal in fire rea',tance, durability and appearance, or of an equal material approved by the building official. (9) Mobile Dome Stalls. The area of the mobile home stall shall be concrete Lo provi..ie adequate support for the placement of the mobile home. k~ PAGE 13 .,f a.. 4l"~•- + J?:...din n.l..- PIT g.:N,„ ~a3:` 7 'N r , l 5 J. 1 ' r 1 7. IRaAI'1~1~+1M1,~R~►,~+Rlnwi~re ' MPS: (10) Parking. Every mobile home stand shall have two (2) off-street parking spaces. Travel trailer stands shall have one. Section 23-62. Access and Traffic Circulation Internal streets shall be privately owned, built, and main- tained, and shall be designed for safe and convenient access to all stands and parking spaces and to facilities for common use of t park residents. (a) Internal Streets or Common Access Routes. (1) An internal street or common access route shall be provided to each stand. All internal streets or common access routes shall be a minimum of thirty-four (34') feet in width from buck of curb to back of curb. The internal streets shall be continuous and connect with either outer streets in the park, public streets or, in the alternative, sha_1 be provided with a cul-de-sac having a minimum radius of forty (40') feet. All other streets shall have a minimum radius at intersections of thirty (30') feet. No internal street ending in a cul-de-sac shall exceed one g~ thousand (1,000') feet in length. (2) All streets shall be constructed of at least two (2") inches of asphalt, six (6") inches of lime subgrade and with standard or surmountable curbs. (Alternative material, for street construction may be approved by the City Engineer as long as the alternative exceeds the standards in this section.) (b) Surfacing, Location of Off-Street Parking. Off-street parking for at least two (2) vehicles per stand shall tie concrete and all other perking areas shall be constructed of all weather materials and located to eliminate interference with access to parking areas provided for other mobile_ homes, travel trailers and for public parking within the park. (c) Minimum ?arkin& Area for Vehicle Storage. A minimum parking aces. of one hundred and sixty (-T60) square feet per mobile home space shall be provided for storage of boats or vehicles in excess of two (2) per mobile home unit to minimize on-street parking and to facilitate the movement of emergency vehicles into and through the park. (d) Maintenance of Internal Streets. Internal streets shall • be maintained free of cracks, holes and other hazards at j the expense of the licensee. Inspection of the streets ~ shall occur at least yearly in conjunction with other City of Denton inspections of the mobile home park or tourist court. The inspections shall be made by the city engineer and shall cover the hazards listed above. (e) Numbering, Naming of Streets. All streets within each parkshall 5e`numbere or r named in an approved manner. PAGE 14 °4G]rt.'.;, ~ 1, ro if. i n •1, ,w.. t it fr; ':~w ~'~!4~.`~'~ :o NIT ,9 4.V~ a .y.,(f 7 r 14r A %1y (f) Intersecting of Interior Streets Adjoining Public Streets. Interior streets shall intersect adjoining pPu Tic streets at ninety degrees (90°) and at locations which will eliminate or minimize interference with the traffic on those public streets. Design of the interior streets shall be approved by the Traffic Engi-.ieer with respect to horizontal and vertical alignment, access points to city streets parking locations and internal access for emergency vehicles. (g) Posting of SiAna. At each entrance to the park, an eighteen inches by twenty-four inches (18" X24") sign should be posted, stating "Private Drive, No Thru Traffic". The licensee may also post a speed limit sign ` on this same post. Section 23-63. Area Lighting Adequate lighting shall be provided in a manner approved by the director of utilities. Section 23-64. Installation of Telephone Lines, Semi-public Telephone. All telephone lines meeting thy, requirements of the telephone company shall be installed underground. A minimum of one semi- public telephone shall be provided in an easily accessible location twenty-four (24) hours a day, seven (7) days a week. Section 23-65. Recreation Area All parks shall have at least: one recreation area, located as to be free of traffic hazards, easily accessible to all park residents, and centrally located where topography permits. (a) Extent. Recreation areas and facilities, such as play- grounds, swimming .)ools, and community buildings shall be provided which in the judgment of the park licensee will meet the anticipated needs of the clientele r_he park is designed to serve. Provision of separate adult and tot lot recreational areas is encouraged, (b) Size. Not less than eight parcent (8%) of the gross park area shall be devoted to recreational facilities, generally in a central location. In large parks this may be decentralized, Recreation areas include space for community buildings and community use facilities such as adut.t recreation and child play i PAGE 15 ..ik' i y> S 4 areas and swimming pools but not including vehicle parking, commercial, maintenance and utilities areas. (c) Playground Location. When playground space is provided it shall be so designated and shall be protected from traffic, thor- oughfares and parking areas. Such space shall be maintained in a sanitary condition and free of dangerous conditions and hazards. Section 23-66. Water Supply (x) Generally. An accessible, adequate, safe, and potable supply of water meeting state standards shall be provided in each park. Connection shall be made to the public supply of water in accordance with Article VI, Chapter 25 of the Denton Code of Ordinances. (b) Water Distribution System. (l) The water supply system of the park shall be connected by pipes to all mobile home stands, buildings, and other facilities requiring water. (2) AU water piping, fixtures, and other equipment shall be constructed and maintained in accordance with state and city regulations and requirements. (3) A master meter will be placed at the property line to serve the park or individual water meters will be provided for each mobile home stand. If individual water meters are used then the water system must be built in accordance with City of Denton subdivision requirements. (4) A backflow preventer or vacuum break will be required to be placed at the property line on t'he discharge side of the master meter if the property is master metered. Beyond the master meter, the City of Denton has no maintenance responsibility. (c) Individual Water Riser Pipes and Connections. (1) Individual water riser pipes shall be located within ' the confined area of the outside perimeter walls of the mobile home at a point where the water connection will approximate a vertical position. (2) Water riser service pipes shall extend at least four inches (4") above ground elevation. Tkie pipe shall be at least three-quarter inch (3/4"). The water outlet shall be capped in an approved manner when the stand is unoccupied. (3) Adequate provisions shall be made to prevent freezing of service lines, valves alid riser pipes. Surface drainage shall be diverted from the location of than riser pipe. PAGE 16 rr tP k 1?!.',1 ' rNi y~.,~•../ IVy`i'7yT~f' ~5 fit. l.`i ~'lLL„rt. '.Yw a. 'd `:''_'N.1 ♦e li 1 i 21 p. l~«11 L 1 . ~ t 4~ 1 to i b (4) A shutoff valve below the frost line shall be provided near each water riser pipe. (S) Underground stop and waste valves shall not be installed on any water service. Section 23-67. Sewage Disposal (a) General Requirements. An adequate and safe sewage system shall be provided in all parks for conveying and disposing of all sewage. The sewer. system for a shark shall be constructed in accordance with the plumbing code. All proposed sewage disposal facilities shall be approved by the city building offical prior to construction except that the use of septic tanks for the disposal of sewage shall not be approved. Effluents from sewage treatment facilities shall not be discharged into any waters of the State except with prior approval of the city-county health director and the appropriate regulatory agency of the State. The City of Denton has no maintenance responsibility for sewage disposal facilities inside the mobile home park. (b) Individual Sewer Connections. (1) Each mobile home stand shall be provided with at least a four inch (4") diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile hocne drain outlet will approximate a vertical position. (2) The sewer connection from the mobile home to the sewer riser pipe shall have a nominal inside diameter of at least three inches (3"), and the slope of any portion thereof shall be at least one-fourth inch (1/4") per i foot. The sewer connection shall consist of one pipe line only without any branch fittings. All joints shall be water i:ight. All sewer connections shall comply with the requirements of the city and shall be inspected by the city plumbing inspector. (3) All materials used for sewer connections shall be in t. accordance with the plumbing code and specifications in the building official's office. (4) Provision shall be made for capping the sewer riser pipe in an approved manner when the stand is unoccupied. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four inches (4") above ground elevation. Section 23-68. Electrical Distribution System (a) Installation. All electrical wiring in the park shall PAGE 17 1 M3r ]ii 11r "'1 r. y. ,t. ti ~p a1~-'rA m•.. ~7- IV FM > 17 1 1 L i',' i i .A r ".4 ' pE. , ~.J~ f.w yT 40 , f~~ 7 I Ily 1 ~L~ Y~r, ~ * i IVY l , ♦ ~fi be underground, and installed in accordance with the electrical code and specifications of the ;ity of Denton. (b) General Requirements. Every park sha?1 contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations for such systems. (c) Power Distribution Lines. Main power lines shall be in approved conduit. Such conductors shall be located not less than one foot radial distance from water, sewer, or gas lines. The location of all such underground lines shall be clearly marked by surface signs at approved intervals. (d) Individuil Electrical Connections. (1) Each stand shall be served and metered by the city electrical department the same as a single-family residential lot, with an underground service line, and be provided with an approved disconnecting device and over-current protective equipment. The minimum service per outlet shall be 120/240 volts AC, 50 amperes. (2) Outlets (receptacles or pressure connectors) shall be housed in an Underwriters Laboratory approved weather- proof outlet box, and shall be located not more than twenty-five (25) feet from the overcurrent protective device in the mobile home or travel trailer. Two (2) three pole, four-wire, grounding type shall be used. (3) Receptacles shall be in accordance with American Standard Outlet Receptacle C-73-1, or equivalent. (4) The mobile home or travel trailer shall be connected to the outlet box by an Underwriters Laboratory approved type of flexible supply cord with a male attachment plug or with pressure connections. If the distance from the receptacle to the mobile home exceeds three feet (3') the cord shall be installed underground. (e) Required Grounding. All exposed non-current-carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit con- ductors. The neutral conductor shall not be used as an equipment ground for mobile homes or other equipment; the grounding conductor shall be attached to a permanent ground in an approved manner. Section 23-69. Service Building and Other Community Service Facilities PAGE 18 a~. k' • 1 t , • , t y~ C~ < d (a) General. The requirements of this section shall apply to sey-rice buildings, recreation buildings and other community service facilities including but not limited to the following: (1) Management offices, repair shops and storage areas; (2) Sanitary facilities; (3) Laundry facilities; (4) Indoor recreation areas; and , (5) Commercial uses supplying essential goods or services for the benefit and convenience of park occupants. (b) Structural Requirements for Buildings. (1) All portions of the structure stall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather. (2) All structures shall be constructed in conformance with the building code. (c) Barbecue Pits, Fireplaces, Stoves and Incinerators. Cook- ing shelters, barbecue pits, fireplaces, wood-burning stoves and incinerators shall be located, constructed, maintained and used as to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities approved by the fire marshal. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors. r Section 23-70. Refuse and Garbage Handling (a) Mobile homes shall be considered as an "individual family unit" which require them to abide by Chapter 12, Articles I and II of the City of Denton Coda of Ordinances, pertaining to residential sanitation collection. (b) Any owner, occupant, tenant or lessee o' -ny mobile home in the city shall have garbage, trash and r%-"Fish regularly removed by the city sanitation division. (c) The charges for such service shall be included on the monthly utility bill of the applicant, as determined by the PAGE 19 ILLL 41 too 1. . rt . ''yr rr r v y.. y y . M r r utility deposit or service application, and all utility service may be suspended upon failure to pay the required charges within ten (10) days from the due date of the bill. (d) The charge for collecting garbage, trash and rubbish from each individual family unit is established in Chapter 12, Article II, Section 12-19(b) of the City of Denton Code of Ordinances. (e) All individual family units shall use plastic bags as specified under Section 12-9(b) and shall place such bags on the curb or alley line on collection days as specified by the city. Section 23-71. Insect and Rodent Control (a) Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the city-county health officer. (b) Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. (c) The growth of brush, weeds and grass shall be controlled to prevent harborage of noxious insects or other pests. Parks shall be so maintained as to prevent the growth of noxious weeds detrimental to health in accordance with Article II, Chapter 12 of the Code of Ordinances. Section 23-72. Fuel Supply and Storage (a) Natural Gas System (1) Natural gas piping systems shall be installed under- } ground and maintained in accordance with applicable codes and regulations governing such systems. ' (2) Each stand provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use. (b) Liquefied Petroleum Gas System (1) Individual liquefied petroleum gas systems may be used, but, when used, shall be 'installed and main- tained in accordance with applicable codes of the city PAGE 20 i~~, MR— ZMUZFIT, _1 fy Y 1 ~t~•f .4 o kK L 't.,• r c { i. f`L erg r r Jr 'v) 1t y 'I ty~ 1 yF f' 1 + 17 F 1. h rr' ' r r y;~ r e Y1T 1 I~Jr d and regulations of the Texas Railroad Commission pertaining thereto. (2) Liquefied petroleum gas containers shall be installed on an individual space to serve only that mobile home or travel trailer occupying that space. ' (3) No liquefied petroleum gas vessel shall be stored or located outside or beneath any storage cabinet, carport, mobile home, or any other structure, unless such installations are approved by the building official and the fire marshal. Section 23-73. Fire Safety Standards (a) Storage and Handling_ of Liquefied Petroleum Gases. In parks where liquefied petroleum gases are stored or dispensed, their handling and storage shall comply with requirements of the plumbing code, the fire code, and the Texas Railroad Commission regulations. (b) Storage and Handling of Flammable Liquids. In parks in which gasoline, fuel oil, or other flammable liquids are stored a;3/or dispensed, their handling and storage shall comply with the fire code. (c) Access for Fire Fighting. Approaches to all travel trailers and mobile homes shall be kept clear for fire fighting. (d) Water Supply Facilities for Fire Department Operations. Water supply facilities for fire department operations shall be connected to the City of Denton water supply. Water mains for fire protection purposes are to be sized six (b) ID or larger with standard City of Denton hydrants located within three hundred feet (300') of all mobile home sites, measured along driveways or streets, and such water supply systems shall meet the minimum standards for fire fighting purposes as required by the State t Board of Insurance. Fire hydrants will be subject to periodic i inspections by the fire department. It shall be the respon- sibility of the park licensee to insure that the fire hydrants in need of immediate repair shall be repaired in a satisfactory manner within twenty-four (24) hours. Non-emergency repairs shall be made within fourteen (14) days upon receipt of notification. PAGE 21 t7m M I. 1 L'1 y L y ' y 'l y t' uy Non-emergency, for purposes of this paragraph, shall mean of a nature not impairing the actual use intended. (e) Collection, Disposal of Rubbish. The park licensee or agent shall provide an adequate system of collection and safe disposal of rubbish, approved by the fire marshal and the city-country health officer. (f) Dry Brush, Limbs, Leaves and Weeds. The park licensee or agent shall be responsible for maintaining the entire area of the park free of dry brush, leaves, limbs and weeds. Section 23-74. Miscellaneous Requirements (a) Responsibili*_es of the Park Mar_agement (1) Al] responsibilities set out elsewhere in this article as apply to licensee or agent. (2) Tho licensee or his agent shall operate the park in compliance with this and other applicable articles and mall provide adequate supervision to maintain the park-, its fac Uities and equipment in good repair and is r ele,,u Line sanitary condition. (3) "'lie licensee or agent shall notify each and every park occupant of ill applicable provisions of this article and inform them of their duties and responsibilitieu hereunder. (4) The licensee or agent shall maintain a register of park occupancy which shall contain the following information: (a) Name and stand number of all park residents. (b) Mobile home registration data, including make, length, width, year of manufacture and identi- fication number. (c) Make and model of all travel trailers, and the license number. (d) Location of each mobile home and travel trailer within the park by stand number. (e) Dates of arrival and departure of each mobile home and travel trailer. (f) Name and address of business or individual who installed each mobile home or travel trailer. A new register shall be initiated on January first of each year, and the old register may thereafter be retired but shall be retained on the premises for at least three (3) years following its retirement. Registers shall be available for inspection at all reasonable times by any official of the City of Denton PAGE 22 i r/'~;-.y, "R*R 07 ~ii'iF4:aa. acres'ii.TikHGfi$L([273.l~iltii'i°t '/c~~;[t~l'~'*~hbd,(kC~'G ~kk"!dr ty~'. ~'~7~, `j~` y :•"4 h'4'r ri tip, 'whose duties may necessitate access to the infor- mation contained therein. (5) The licensee or agent shall furnish to the tax assessor-collector for the City of Denton, within ten (10) clays after the first day of January of each year, a list of all mobile homes in the park on the first day of January. The list shall contain the owner's name and address; the make, length, width, year of manufacture and identification number of the ' mobile home; and the location of each mobile home within the park. Said lists shall be prepared using forms provided by the tax assessor-collector of the city. (6) Every park operator shall keep a valid certificate of occupancy for ahe park. (7) The licensee, or his agent, shall insure the proper placement of each mobile or travel trailer on its stand by each park occupant and insure the installation of all tie downs in accordance with state standards. (b) Responsibilities of Park Occupants (1) All responsibilities set out elsewhere in this article. (2) The park occupant shall comply with all requirements of this article and shall maintain his stand and its facilities and equipment in good repair and in a clean 4nd sanitary condition. (3) The park occupant shall be responsible for proper placement of his mobile home or travel trailer on its stand and proper installation of all utility connectioi+s in accordance with the instruction of the park management. (4) Fire resistant skirting or an equal substitute approvid by the building official shall be required on all mobile homes and shall be installed within sixty (60) days after emplacement of the mobile home. (5) Skirtings, porches, awnings, and other additions, when installed, shall be maintained in good repair. The use of space immediately underneath a mobile home for storage shall be permitted only under the following conditions: (a) 'rhe storage area shall nave a base of impervious mates-al. (b) Stored items shall not interfere with the under- neath inspection of the mobile home, nor be a fire hazard. (6) The park occupant shall to responsible for proper placement of the mobile home or travel trailer on its standard and proper installation of all tie downs in accordance with state standards. PAGE 23 r~r.' ''f ?7 R ^j"TTR},I i C+ i ~/N•~`~ r•~i , C. * •'~,t~~ "Ig'.7~."'+T r~?fi'~"~3 i/P•'~iC T;Y". i~'%h' ti ~ 't:'~~ '~'~'`t~t`" 8^~Y ~~~.!i'•r~" tcn'S • .b`~96$Gtll~.'y~.nf' • r" i~ RF Section 23-75. Penalties Any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Two Hundred Dollars ($200.00); and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. This penalty i.s in addition to and cumulative of, any other remedies available at law and equity. SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any l 1 person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council or the i City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 111. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV: That this ordinance shall become effective fourteen (14) days r from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Recotd-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the M:_ day of , 1984. L CIT OF DNTON, TEXAS 5 ATTEST: 11Y SECKEMY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON: TEXAS BY: PAGE 24 l d, t ~iT' 'y t Ch ~ ra n+q~ rrc rti'-•r--2 .1~ _"r~' . Y'' T 3 s'T-i,T 4 ~i ~f y~~¢ ~ ~r '1 fj pis AS'f ...r~~, i . ~ +v,l ,.k _~~dB 1~M1. T~+'Y1 r. ! a` IYx ~.r~Y~u~ irl i~~~q~ t :y., h 11 dt~~j}l tit~'~ 'ay~~x4 r ffa. 4„f, i '.,'a . S C }f 6, frh. 2~~~ "'S C ~ & Rz3 ...~~'3t.~ ~ '!Fl', V~Z' }>.1•'~ 11 ~ ' i p ♦jis NO. ~ AN ORDINANCE AMENDING SECTION 25-49 OF CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR AN AMENDED VOLUME CHARGE FOR THE NET MONTHLY RATE FOR RESIDENTIAL SEWER SERVICE USERS WITHOUT CITY OF DENTON WATER SERVICE (SCHEDULE S 8); REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF' THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: i SECTION I. That the "NET MONTHLY RATE" provision of "I. RESIDENTIAL SERVICE USERS WITHOUT CITY OF DENTON WATER SERVICE (SCHEDULE S 8)" of "DIVISION 2. SERVICE RATES" of Section 25-49 of Chapter 25 of the Code of Ordinances is hereby amended to read as follows: NET MONTHLY RATE In Corporate Outside Corporate Limits Limits (1) Facility Charge $2.25 per month $3.35 per month (2) Volume Charge. $1.50/1000 gals. $2.25/1000 gals. F Volume charge will be for five thousand (5,000) gallons per month. SECTION II. All ordinances or parts of ordinances in force when the pro- visions of this ordinance become effective which are inconsistent or i» conflict with the terms or provisions contained in this 1 ordinance are hereby repealed to the extent of any such conflict. SECTION III. That this ordinance shall become effective retroactively to January 24, 1984. PASSED AND APPROVED This the W__ day of , 1984 C:i~ D U 1"67AR'i , MAYGRK CI Y OF NTON, TEXAS ATTEST: A APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 1 NOW BY . - lA ~r},} 1t ti;'~.~~,~?ti~ c('N1' 1+j. tIr7FsP9^4'r?o JT'r+ 1 ;Sa .Y"fr. ...~15~~)~'''~~~• t-.. ,4 is 9J `r~y~F~. {{1 1 +1 v7{!' )1.~ { ! ' 1 '1 ~y y( V t~~ / F '1'f{-{1, TiCJa 1a!'.A n...7~.'. V7. fiBh _ .2 91AIt7 ~.k 1~.Y1.:.1S.d~ly ~,p ;loJ .l 4 f r I r.i ~ F I; r / ~ tiYln'~,rl ~ ~'.i ' 1 . r i + ' a• ~r.9u E. 1 2 rt 7 h i ~ )Y l[,~ r. i~{ :y~+~~ ~ , ~ 14.x'•. .l t. /fir. 4 .iy ~~ti yC .tiJ( '71. ! :yl ~~f' v . aY. A'1 4 Y.. 7 10„St 1~1 E NO. 7~~(P AN ORDINANCE AMENDING SECTION 25-21 OF ARTICLE II OF CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY PROVIDING FOR A NEW ELECTRIC SERVICE RATE FOR ATHLETIC FIELD LIGHTING SER- VICES; AMENDING THE "RATE" PROVISIONS FOR SERVICE DEPOSITS FOR RESIDENTIAL AND COMMERCIAL ELECTRIC SERVICES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: 4 SECTION I. t ^ That Section 25-21 of Article II of Chapter 25 of the Code of { Ordinances, of the City of Denton, Texas, is hereby amended by adding a new rate schedule "(P)" to hereafter read as follows: (P) ATHLETIC FIELD LIGHTING SERVICE RATE (SCHEDULE AF) (1) APPLICATION Applicable to all electric service metered at one point for use to light specified areas for athletic events where such electrical use will not occur between the hours of 10:00 A.M. and 7:00 P.M. (2) NET MONTHLY RATE (a) Customer Facilities Charge $20.00 per month (b) Energy Charge 7:00 PM to 10:00 AM 5.14 per KWH i 10:00 AM to 7:00 PM 9.1J per KWH ` (c) Demand Charge $ 1.00 per KW per month (d) Energy Cost Adjustment Current ECA (3) MINIMUM BILLING Facility Charge $20.00 per month (4) TYPE OF SERVICE At the Utility's available secondary voltage and availAble phase. For use only between the hours of 7:00 P.M. and 10:00 A.M. from May through October. (5) PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. (b) DETERMINATION OF DEMAND The demand shall be the KW supplied during the 15-minute period of maximum use during the current month as determined by City's demand meter. PAGE 1. ~Pl^r q?Irw§'Sflf~ , y I;~ v4 ~I`+~4' Y r r, k), a 0 7 gg ( (7)POWER FACTOR T t The Utility reserveo the right to make tests to determine the power factor of the customer's instal- lation served during periods of maximum demand or by measurement of the average power factor for the monthly billing period. If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW bill- ing demand by 90% and dividing by the determined power factor. (8) SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. r (9) PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods. Formula: Actual days in reading period x KW demand x Rate 30 Gays (10) ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cast calcu- lated in accordance with Schedule E.C.A. SECTION II. That the "Rate" provision of the "Service Deposits" provision of the "General Services-Charges and Procedures" provisions of Section 25-21 of Article II of Chapter 25 of the Code of Ordinances of the City of Denton is hereby amended to read as follows: RATE A residential customer will make a deposit of $150.00 of an amount equal to 1/6 of the last twelve (12) months billings at the meter location, whichever is greater. A commercial customer will make a de?osit of $300.00 or an amount equal to 1/6 of the last twelve (12) months billings at the meter location or 1/6 of the annual anticipated billing at me meter location if no meter history exists, whichever is greater. A commercial customer may purchase a bond sufficient to cover the required deposit. PAGE 2 '¢fity^.'^': ~ ~ qT ~.-p~gt J.:F'evF ^('~A' .Ir,'.-s... T7v. ,y n f bj ll ((~,,ppp? 'Y > I'~'//yyf ~ rt y''11 ~ ' 1 j.YY.M y,~,tiy ~C'~7. ;,~,yy ~"`~C { ~,~7^ F. ~ ~ ; ~rA ""fI'`." y T•, ~ r! 4~ ~ rya E t J. . i ;rY1. ~ n rr,-ail ~j~r 'k' t ~ (/~-Z r Yf r.,7 V~ P ~ C5d' 1~ T ! II n~ ~7 q k It}ti~"fd ~~'3t',[,~ Y°Idr •d~ll: ~1' of r 1. ♦ , .,AY !'~A '~{r \I ♦ ♦~F . A• .1b#i. ~t S~{ Y~ ~l.lt "*t s j,iti ILTTr 'r ipr y SECTION III. All ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict %:ith the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION IV, That this ordinance shall become effective immediately upon its passage and approval. !4 PASSED AND APPROVED This the day of , 1984 S I NICWD-0. 7/TEZWAR1-jdMA=YUR 46ITI OF DE ON, TEXAS 'Y ATTEST: t'. C I - T2 M, CITY SECRETARY APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS s B 41 1 !w F. .~c ,a A PAGE 3 * " 9"[T ^rrn 3°_'A++{n-ar'r ,w'. .L_ r S, a i ♦ r r- 1~,y{~ ~1~.:~ r~ •~iY S~`M r tt ~)Si1;'u'v~ Art ♦ i.^4 ♦ t4'7+~~~ 1:. ~i'py~ `"h~ i +~.~1~'~., ~LA.K it ^J~„Y i {f?~+. S s <?i~.{. .lam . \ V +St \ AIC.'~ ^YLS- I '1{ n a2, Fad .L~~.. a:?e Fe }771K1i19i,i J,Ey~`P r s y + ti r;l~Pr l1r'~1 iy r:y JY'rrt ~ r' ~ K f P t i w y/ d~'rr 4t` .~'r'w~~, ~L t 0*0~~ a~ ✓4y rya Y^ tq~~~~°J;r `ter. by r r. yi ,7L/_/n Xn NO. r ~~v AN ORDINANiE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO TOW SERVICE BY REQUIRING GARAGEKEEPERS INSURANCE COVERAGE; AND PROVIDING FOR AN EFFECTIVE DATE. c° t; THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That Section 27-24 (d) of Article II of Chapter 27 of the Code of Ordinances of the City of Denton is hereby amended to read as follows: d^ "(d) A copy of a certificate of a garage or automobile liability insurance policy insuring the tow service owner and all his employees for liability for death, bodily injury or proparty damage to third °j parties in the amount of not less than fifty thousand dollars ($50,000.00) for any one person A and one hundred thousand dollars ($100,000.00) for one incident and twenty-five thousand dollars ($25,000.00) for property damage. A copy of a certificate of a "garagekeepers" liability insurance policy insuring the tow i service, and the city as a additional named insured, for liability for property damage to any vehicle, or contents thereof, in its care, custody and control as a result of providing towing services, in an amount of not less than twenty-five thousand dollars ($25,000.00)." SECTION II. That this ordinan-e shall become effective immediately upon a` t its passage and approval. PASSED AND APPROVED this the a5Zay of , 1984. -MAYOR ~V ;CITW-O,F DE TON, TEXAS ATTEST: w CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM:; C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS " a;'a BY: r Y k -ty± I Y yy3]] {/r/~/~ ] \,ni ~ AAA 1! 4n tY ~ i ,q +~{{{d////~+,. r]]6 A~ .tAi r 1. s J k'i~ Wy~i~ ~e±.~4!,~ x'9J~ Y 1 f r' t 1 YL a , ~iy, S,!'•J`;'; [l n M F~... ySi ~ a Ca'K- e'~ _-'y a f+ NO. All ORDINANCE AMENDING ARTICLE I OF CHAPTER 22 OF THE CODE OF ' ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR A PENALTY UN p; DELINQUENT TAXES TO DEFRAY THE COST OF COLLECTION THEREOF; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. r` t THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREB`! ORDAINS: SECTION I. That Article I of Chapter 22 ("Taxation") is hereby amended by adding a new section to hereafter read as follows: Section 22-5. Penalty for Delinquent Taxes (a) On any taxes upon property, both real and personal, r~~t remain delinquent on July 1 of the year the become delinquent, there is hereby imposed an additional penalty of -Fifteen percent (15%) on the amount of such delinquent taxes, penalty and interest due. p (b) The collector of such delinquent taxes shall deliver a notice of delinquency and of the additional penalty to be Imposed herein to the property owner at least thirty (30) and not more than sixty (60) days before July 1 of the year such taxes become delinquent. SECTION II. Y All ordinances or parts of ordinances in force when the pro- visions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. 1 SECTION III. TKat this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the •Za_ day of 1984. CIT OF DE ON, TEXAS 'j ATTEST: y UHAKLUTI'm `~~TY~SECAETA~Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS G BY: REAL PROPERTY RECORDS ASSIGNMENT OF EASEMENT 26758 This Assignment of Easement made as of the = day of ~rtld , 1981L by and between Lifemark Hospitals, Inc., a Delaware corporation ("Assignor") and The City :,f Denton, a municipality organized and existing under the laws of the State of Texas ("Assignee"). For valuable consideration, receipt of which is hereby acknowledged, Assignor hereby assigns to Assignee all of its right, title and interest as Grantee under that cert in Von-Exclusive Easement Deed (the "Easement") dated as of /0 , 1984 by and between Will Samuel Marshall, Margaret Jane Marshall Hull, and Royce G. Hull and wife, Janie M. HulIf as Trustees (hereinafter, in said capacities collectively calIed "Grantor") and Assignor as Grantee, and recorded , 1984, in volume page of the Deed Records of Denton, Texas, a ropy of which is attached hereto as Exhibit l and incorporated herein by this reference. Assignee does hereby accept the assignment of Assignor's interest in the Easement and by said acceptance is hereby obligated under the terms and conditions of the Easement with the same effect as though it had been criginally named therein as Grantee, and Assignee does hereby agree to indemnify and hold harmless Assignor from any and all claims, damages and/or liabilities arising out of or related to a breach of any of Assignor's obligations, representations or warranties set forth in the Easement., The obligations of Assignee herein and all representations and warrant!-.s set forth herein shall survive the assignment of Assignor's interest in the Easement to Assignee and the recordation of this Assignment of Easement Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Assignment of Easement Agreement effective as of the date first set forth above. ASSIGNOR: / Life k pitals, nc / By: Its: .c~ 1 (cs3 ASSIG EE: The City of Dento i, Texas By: Its: APPROVEO AS TO FORM: CITY ATTORNEY, CITY OF DEMON, TEXAS 8Y: L ~~U7 r n STATE OF TEXAS ) COUNTY OF FORE 1+1 , the undersigned authority on this day personally appeared Vice President of Lifemark Hospitals, c., a Delawi a corporation, known to me to be the person whose name is subscribed on the foregoiog instrument, and he acknowledged to me that he executed the same 'or the purposes and consideration therein expressed, in the capacity ther -o set forth, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~ day of 1984. STATE OF TEXAS ) ) COUNTY OFv ) E3E ORE ME, t eu signed authority on this day personally appeared t t2 2 c✓a " of the City of Denton, Texas, a municipality organized and existing un the laws of the State of Texas, known to me to be the person whose name is subscribed on the foregoing instrument, and he acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein set forth, and as the act and deed of said municipality. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1984. • 1 JEAHEyi7E SCOTT *an KNk- stela of real ~,n NI Comm uan 4DIMS WAd IL 190 a 2 J NON-EXCLUSIVE EASEMENT DEED THE STATE OF TEXAS S S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S THAT WILL SAMUEL MARSHALL, a resident of San Patricio County, Texas, not joined herein by his wife since his inter- est in the property described as the Easement (as hereinafter defined) is his separate property and constitutes no part of their homestead, either business or residential, MARGARET JANIE MARSHALL HULL, a resident of Denton County, Texas, not joined herein by her husband since her int3rest in the prop- erty described as the Easement is her separate property and constitutes nG part of their homestead, either business or residential, and ROYCE G. HULL and wife, JANIE M. HULL, as TRUSTEES (hereinafter, in said capacities, called "Grantor"), for and in consideration of °.7n and No/100 Dollars ($10.00) and other good and valuable consideration, cash in ;land paid, the receipt thereof being hereby acknowledged, and the mutual promises and covenants herein contained, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto LIFEMARK HOSPITALS, INC., a Delaware corporation (herein called "Grantee", whose mailing address is set forth below), and unto its successors and assigns, a sixteen-foot (161) wide non-exclusive easement and right-of-way (the "Easement"), hereinafter described, to lay, construct, inspect, maintain, repair, operate and replace a sanitary sewer line or lines and a water line or lines (hereinafter collectively referred to as the "Lines") over, through, under and across that certain strip of land situated in Denton County, Texas, more par- ticularly described in Exhibit A attached hereto and made a part hereof for all purposes. Thins Easement Deed and the rights herein granted are made subject to all validly existing restrictions, covenants, 4 JUN 2 0 1984 s _ 24 conditions, mineral and royalty reservations, easements and rights-of-way, of record, if any, affecting all or any part of the property described as the Easement. This Easement Deed and the rights herein granted are further made subject to the following terms, provisions, agreements, reservations, conditions, covenants, limitations and exceptions: (1) Grantee agrees that any Lines now or hereafter installed in the Easement shall comply with all valid laws, rules, regulations and ordinances made by any govern- mental authority which are applicable to the property described as the Easement. (2) Except for manholes, Line markers and Line meters, Grantee shall not construct, build, install, maintain or have any above ground structures, installations, equipment or apparatus of any kind on or within the boundaries of the Easement. Grantee shall not fence or otherwise obstruct the boundaries of the Easement. (3) Grantee, at Grantee's sole cost and expense, shall maintain the Lines in good condition. (4) Grantee hereby covenants and agrees to indemnify and hold harmless Grantor and Grantor's successors and assigns, as owners of the property described as the Easement, from and against any and all claims, demands, costs, losses, liabilities and expenses (including court costs and attorneys' fees) arising out of or resulting from claims made by third persons, either for pezsonal injuries (including death) or damages to any property, incident to or arising out af the use of the Easement by Grantee. (5) Grantee shall replace all dirt or earth excavated in connection with the installation, maintenance, inspection, al- teration and repair of the Lines and shall fill in all ditches, ruts and holes caused by Grantee's operations and shall, in a good and workmanlike manner, level and restore the grade of Grantor's property. However, Grantee shall not be required to replant grass, trees, or other vegetation removed in con- nection with the installation, maintenance or repair of the Lines. 16) Any litter and trash of any kind which nay be brought onto Grantor's land at any time by persons installing, zltering, -2- constructing, maintaining, inspecting or repairing the lines shall be forthwith removed from said land bl Grantee at Grantee's sole cost and expense. (7) Grantee shall confine its operations, including, without limitation, ingress and egress, to the Easer.(lnt.. Grantee shall have hereunder no right to .:;ma upon or use any portion of Grantor's property other than that property described as the Easement. (8) With respect to the Easement, Grantor excepts and reserves unto Grantor and Grantor's successors and assigns, the r;.ght and privilege, exercisable on a continuing basis frc-c time to time, to construct out of any materials, place, lay, maintain, inspect, protect, repair, alter, substitute, replace and remove such facilities as may be deemed necessary, appropriate or advisable by Gran- tor, including, without limitation, fences, roads, streets, sidewalks, parking lots, pipelines, drainage pipes, water lines, sewer lines and other lines of conduits for utility services, on, over, under, through and across the Easement, provided that such operations do not unreasonably interfere with Grantee's use and enjoyment of the Easement for the purposes herein specifically stated. (9) The rights herein granted to Grantee are not public and are not exclusive, and Grantor shall have the right from time to time to grant other easements or licenses to other p rties for such purposes and at • ch place or places as Grantor may at such time or times deem proper, subject to the limitation that such additional easement or license holders shall not unreasonably interfere with Grantee's right to use and enjoy the Easement for the purposes herein specifically stated. No interest in the property described as the Easement is granted hereby except the above- described Easement. without limiting the preceding sentence, Grantor reserves and excepts herefrom all oil, gas and other minerals, in, on, under, or that may be produced from the land affected by the Ease- ment. (10) in addition to the rights reseived by Grantor hereinabove, and not by way of limitation? Grantor, and Grantor's successors and assigns, shall also have the right to use and enjoy the Easement for any other purpose whatsoever that does not un- reasonably interfere with the use thereof by Grantee for the purposes herein specifically stated. -3- (11) The Easement shall be perpetual unless all of the Lines cease to be used by Grantee for a continuous period of two (2) years whereupon all rights of Grantee and Grantee's successsors and assigns hereunder shall be deemed to have automatically ceased and terminated, and all title and interest of Grantee to the Easement and the land affected thereby shall thereafter revert to Grantor, its successors or assigns. (12) This Easement Deed and all of the terms, provisions and conditions hereof shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, legal repre- sentatives and assigns. TO HAVE AND TO HOLD the Easement for the purposes hervinabove bpecified and subject to the terms, conditions and provisions herein set out, unto Grantee, its successors and assigns, forever; and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend the Easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject, however, to the matters set forth herein. Granted joins in the execution hereof to evidence Grantee's agreement, for Grantee and for Grantee's successors and assigns, to be bound by all of the terms, provisions and conditions hereof. EXECUTED in multiple counterparts, each of which shall constitute an original for all purposes, on this day of 1984. WILL SAMUEL MARSH LL r MA GA T JAN MARSHAL HULL ROYCE,'. HULL, TRUSTEE tVt t< ? ANIE M. HULL, TRUSTS (SIGNATURES CONTINUED ON PAGE 5) "GRANTOR" -4- n ~c J7 C/ GL Grantee's mailing l address is: LIFEMARK SPIT SNC. 3800 Buffalo Speedway By: 4 ,.;,.nes Novel Houston, Texas 77098 Name: Titl Vice President "GRANTEE" THE STATE OF TEXAS S .~i• m,,,.., C;j ;,phis instrument was acknowledged before me on c j , 1984, by WILL SAMUEL MARSHALL, • r , . - 2716 ~ , I = " t. 'Notary Pu5liic •in d for ''sr`~ ►r `'y DIANA L. BRYSON the State of Texas t; My donmis3ion Expires: Expiration dale: 9,291986 Commisskud by 711e State N Texas TH STATE OF TEXAS S COUNTY OF &ILL11" S This instrument was acknowledged before me on 1984, by MARGARET JANIE MARSHALL HULL. 7 'Notary Public in aind for the State of Texas iM~ 11.406 ttis9ioil Expires: DTANA f. BRYSON r -'+r'' -14 Dpireti n d:te: 429.19Bti A. r-F Cann, , L, rr Tti -'F Df 241e of t THE STATE OF TEXAS S COUNTY OF ~1 ' r S This instrument was acknowledged before me on 1984, by ROYCE G. HULL, TRUSTEE. t r i;p~`~t ; Notary Public in aLAd for N pU~'y:• the State of Texas % CdtrnX~esl ~oit; Aires: maP.' . DIANA L. BRYSON % Expiration date: 9-291986 Commfssloned by s - / ;he State of Texas Z3 THE STATE OF TEXAS S ~'v 0 S his instrument was acknowledged before me on 1984, by JANIE M. HULL, TRUSTEE. tary Public in an for 16 ' DIANA L. BRYSO the State of Texas i i Wr2 in deter 9.28 V15 ;M'y Coltu.iis ' sion Expires: . ;.`r.•1 famrr~ssloaes ey ~1 E U F ; • t 2iTM 9tst1 d JnK THE STATE OF TEXAS S COUNTY OF HARRIS S This instrument was acknowledged efore pe on /O 384, by - << l as of LIF RK HOSPITALS, INC. a Delaware corporation, on behalf of said corporation. lLIM61 17f3 Notary Pu lic and for the State of Texas C ..ion Expires: ~L { P IUACt~j(',- 9.29.1956 ~lmis by i+ ~ Tly ~6bte" Tws rc. 01: -6- (r AIR~17 ~ 17 EXHIBIT A 'IARSHALL 3 II 16 FOOT SANITARY SEWER EASEMENT TRACT I (or Nortbero routs) 1 FIELD !TOTES to all that certain 16 foot ride strip or tract of land situated II 10 the B.B.B.SC.R.R. Co. Survey Abstract %amber 141, Denton County, Texas; the sold tract being a part of the called 158.531 acre tract described !m the deed from ROYCE FULL, or us. Trustees to WILL SAMUEL MARSHALL recorded in Volume 1011, Page 788 of the Deed Records of Denton County, Texas: the said tract being more particularly described as follows: BEGINNING, for the aoat Southerly Southwest Corner of the tract being described herein, at the Northwest Corner of the tract described in the deed from Will Samuel Marshall, cc al to Lifeeark Hospitals, Inc. recorded in Volume 1316, Pap 19 , of the Deed Records of Denton County, Texas, the said point being South S9 Degrees 50 Minutes 58 Seconds Vest a distance of 310.06 feet from the Sa,theast corner of LIFEMAIf RECOVERY CENTEI ADDITION to the City of Denton as shorn by the Flat thereof recorded in Cabinet C. Sliae 287 of the Plat Records of Denton County, Texas; THENCE North 01 Degrees 02 Minutes East 310.0 feet from, and parallel to, No West line of the said LIFEMARE RECOVERY CENTER ADDITION a distance of 455.44 feet to a point for corner; THENCE Southuesterly, 8 feet from, and parallel co, the center line of a proposed sanitary sewer Iimt the following 3 cells: 1) South 74 Degrees 49 Minutes 16 Seconds Vest a distance of 686.93 feet; 2) South 86 Degrees 09 MSuut.s 16 Seconds Vest a distance of 491.C0 feet; 3) South 58 Degrees 23 Minutes 16 Seconds West a distance of 265.04 fete to a point for corner in the Southwestern line of the said Marshall tract, same being the Northeastern line of the Gulf, Colorado, A Saute Fe lailroad Right-of-Way as described in the deed from lassie Fritz Na11. at vir, to the said Railroad recorded to Volume 420,Page 214 of the said Deed Records; the said point being 113 feet Northwest of ■ ience corner near the southeast corner of the said tract; THENCE North 33 Degrees 02 Minutes 54 Seconds West with Rallrc8d right-of-ray line a distance of 210.59 feet to the beginning of a curve right whose radius e is 9092.2 feet, THENCE Northwesterly with the said curve an arc laugh of 65.02 feet (chord bearing North 32 Degrees 50 Minutes 37 Seconds Vest a distance of 65.02 feet) l to a point for corner; f THENCE North 57 Degrees 21 Minutes AI Seconds East ■ distance of 16.0 feet to a point for corner; r e no s 'Ff rc v TRACT r (Cosir.) THENCE Southeasterly 16 Northeasterly from and parallel to the said Railroad Fight-of-way and rtth the are of a curve to the left, -hose radius is 9076.2 feet ao are length of 64.9 feet (chord bearing South 32 Degrees 50 Minutes 77 Seconds East s distance of 64.9 feet) to the end of tb• said carve; THENCE South 33 Degrees 02 Minutes 54 Seconds East contiosing 16 last from sod parallel to the said Railroad right-of-way a dlstebee of 194.99 feet to a point for corner 3 feet Portharly from the above mentioned sanitary sever Iins; THENCE Easterly 8 feet Northerly from and parallel to the said sanitary sever line the following 3 calls: 7 i 1) North 58 Pegrees 23 Nioutes 16 Seconds East a distance of 253.39 feet; 2) North 86 Degrees 0S Minutes 16 Seconds East a distance of 493.66 feet; 3) North 74 Degrees 49 Minutes 16 Seconds East a distance of 490.0 feet; to a point for corner. 310.0 feet (roe the Northeast corner of the above mentioned LIFEMARR RECOVERY CENTER ADDITION on an eatxnsien of the North lice thereof; THENCE SoutF 88 Degrees 44 Minutes 58 Seconds East with the said North line extension a distance of 16.0 feet to a point for corner; THENCE South 01 Degree 02 Minutes 00 Seconds Lest 294 feet from Iand parallel tolthe Vest line of the Bald LIFEBARE RECOVERY CENTER ADD1T10,N,a distance of 470.25 feet to a polot for corner in the'lice of tte said (Lifemark) tract; THENCE South 89 Degrees SO Minutes 58 Secoo69 West with the North line of the said (Lifemark) tract a distance of 16,0 feet to the PLACE OF BEGINNING and enclosing 0.71 of an acre of land. . 1 j • c _3 -l - ~if AAA. a D. N }Hui H .t~'ry~,r,~:4a ls1o~za,td a'u¢sy~ysls"'yla~Ff`+'~4S Ai F}`~ sa,,9`-t~ ti' ~uot.-(1 Kb3}~ ~ 1 i~3tiYlt ~4t seal 'AY;zo~ N01N~a ~µRO~ V E 1 _.i i. MOW r~ ,~,),r ;c - L 1.1", REAL PROPERTY RECORDS ASSIGNMENT OF EASEMENT tiG r.).i This Assignment of casement made as of the /J3 t~ day of iQP.ei[~ , 1984 by and between Lifemark Hospitals, Inc., a Delaware corporation ("Assignor") and The City of Denton, a municipality organized and existing under the laws of the State of Texas ("Assignee"). For valuable consideration, receipt of which is hereby acknowledged, Assignor hereby assigns to Assignee all of its right, title and interest as Grantee under that certain Non-Exclusive Easement Deed (the "Easement") dated as of [Jq,i_ /O 1984 by and between Will Samuel Marshall, Margaret Jane Marshall Hull, and Royce G. Hull and wife, Janie M. Hull, as Trustees (hereinafter, in said capacities collectively called "Grantor") and Assignor as Grantee, and recorded , 1984, in volume page ^ of the Deed Records of Denton, Texas, a copy of which is attached hereto as Exhibit 1 and incorporated herein by this reference. Assignee does hereby accept the assignment of Assignor's interest in the Easement and by said acceptance is hereby obligated under the terms and conditions of the Easement with the same effect as though 1 it had been originally named therein as Grantee, and Assignee does hereby agree to indemnify and hold harmless Assignor from any and all claims, damages and/or liabilities arising out of or related to a breach of any of Assignor's obligations, represenittions or warranties set forth in the Easement. The obligations of Assignee herein and all representa'ions and warranties set forth herein shall survive the assignment of Assignor's interest in the Easement to Assignee and the recordation of this Assignment of Easement Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Assignment of Easement Agreement effective as of the date first set for ih above. ASSIGN R: yl Li em k Hospital ,B Cu r' Its: ASSIGNEE: The City of Denton,lTexas By: APPROVED AS TO FORW Its: CITY ATK- - ' CITY OF DE TEXAS BY; z$"_44~ STATE OF TEXAS 03 ) COUNTY OF ) g FORE ME, the undersigned authority on Ciis day personally appeared _ ~~/t7t?tJ ~ / i1 Vice President of Lifemark Hospitals, in a Delaw a corporation, known to me to be the person whose name is subscribed on the foregoing instrument, and he acknowledged to me that he executed the same for th,! purposes and consideration therein expressed, in capacity therein set forth, and as the act and deed of said corporation. 7~1'1 -N UNDER MY HAND AND SEAL OF OFFICE, this day of 19941 % STATE OF TEXAS ) ) COUNTY OF r~;BE ORE ME, he dersigned aut or,ty on this day personally appeared of the City of Denton, Texas, a municipality organized and existing und/ the laws of the State of Texas, known to me to be the person whose name is subscribed on the foregoing instrument, and he acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein set forth, and as the act and deed of said municipality. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1984. JEAN ME SCOTT Be sto d tau un h6 14 Ummhtia EOU Old 71. IM CA Tr'*E~ n IL I NON-EXCLUSIVE EASEMENT DEED THE STATE OF TEXAS S S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON C THAT WILL SAMUEL MARSHALL, a resident of San Patricio County, Texas, not joined herein by his wife since his inter- est in the property described as the Easement (as hereinafter defined) is his separate property and constitutes no part of their homestead, either business or residential, MARGARET JANIE MARSHALL HULL, a resident of Denton County, Texas, not joined herein by her husband since her interest in the prop- erty described as the Easement is her separate property and constitutes no part of their homestead, either business or residential, and ROYCE G. HULL and wife, JANIE M. HULL, as TRUSTEES (hereinafter, in said capacities, called "Grantor"), for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, cash in hand paid, the receipt thereof being hereby acknowledged, and the mutual promises.and covenants herein contained, has GRANTED? SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto LIFEMARK HOSPITALS, INC., a Delaware corporation (herein called "Grantee", whose mailing address is set forth below), and unto its successors and assigns, a sixteen-foot I161) wide non-exclusive easement and right-of-way (the "Easement"), hereinafter described, to lay, construct, inspect, maintain, repair, operate and replace a sanitary sewer line or lines and a water line or lines (hereinafter collectively referred to as the "Lines") over, through, under and across that certain strip of land situated in Denton County, Texas, mere par- ticularly described in Exhibit A attached hereto and made a part hereof for all purposes. This Easement Deed and the rights herein granted are ~ made subject to ,all validly existing restrictions, covenants, .JIIN 2 1 1384 L7 - 3J conditions, mineral and royalty reservations, easements and rights-of-way, of record, if any, affecting all or any part of the property described as the Easement: This Easement Deed and the rights herein grantel are further made subject to the following terms, provisions, agreements, reservations, conditions, covenants, linitations and exceptions: (1) Grantee agrees that any Lines now or hereafter installed in the Easement shall comply with all valid laws, rules, regulations and ordinances made by any govern- mental authority which are applicable to the prcperty described as the Easement. (2) Except for manholes, Line markers and Line meters, Grantee shall not construct, build, install, maintain or have any above ground structures, installations, equipment or apparatus of any kind on or within the boundaries of the Easement. Grantee shall not fence or otherwise obstruct the boundaries of the Easement. ;3) Grantee, at Grantee's sole cost and expense, shall maintain the Lines in good condition. (4) Grantee hereby covenants and agrees to indei.mify and hold harmless Grantor and.~Grantor's successors and assigns, as owners of the property described as the Easement, from and against any and all claims, demands, costs, losses, liabilities and expenses (including court costs and attorneys' fees) arising out of or resulting from claims made by third persons, either for personal injuries (including death) or damages to any property, incident to or arising out of the use of the Easement by Grantee. (5) Grantee shall replace all dirt or earth excavated in connection with the installation, maintenance, inspection, al- teration and repair of the Lines and shall fill in all ditches, ruts and holes caused by Grantee's operations and shall, in a good and workmanlike manner, level and restore the ar?de of Grantor's property. However, Grantee shall not be required to replant grass, trees, or other vegetation removed in con- nection with the installation, maintenance or repair of the Lines. (6) Any litter and trash of anf kind which nay be brought onto Grantor's land at any time by persons installing, altering, -2- lL constructing, maintaining, inspecting or repairing the Lines shall be forthwith removed from said land by Grantee at Grantee's sole cost and expense. (7) Grantee shall confine its operations, including, without limitation, ingress and egress, to Lhe Easement. Grantee shall have hereunder no right to come upon or use any portion of Grantor's property other than that property described as the Easement. (8) With respect to the Easement, Grantor excepts and reserves unto Grantor and Grantor's successors and assigns, the right and privilege, exercisable on a continuing basis from time to time, to construct out of any materials, place, lay, maintain, inspect, protect, repair, alter, substitute, replace and remove such facilities as may be deemed necessary, appropr?.ate or advisable by Gran- tor, including, without limitation, fences, roads, streets, sidewalks, parking lots, pipelines, drainage pipes. water lines, sewer lines and other lines or conduits for utility services, on, over, under, through and across the Easement, provided that such operations do not unreasonably interfere with Grantee's use and enjoyment of the Easement fo:c the purposes herein specifically stated. (9) The rights herein granted to Grantee are not public and are not exclusive, and Grantor shall have the right from time to time to grant other easements or licenses to other parties for such purposes and at such place or places as Grantor may at such time or times deem proper, subject to the limitation that such additional easement or license holders shall not unreasonably interfere with Grantee's right to use and enjoy the Easement for the purposes herein specifically stated. No interest in the property described as the Easement is granted hereby except the above- described Easement. without limiting the preceding sentence, Grantor reserves and excepts herefrom all oil, gas and other minerals, in, on, under, or that may be produced from the land affecteA by the Ease- ment. (10) In addition to the rights reserved by Grantor hereinabove, and not by way of limitation, Grantor, and Grantor's successors and assigns, shall also have the right to use and enjoy the Easement for any other purpose whatsoever that does not un- reasonably interfere with the use thereof by Grantee for the purposes herein specifically stated. -3- f (11) The ErgeTent shall be perpetual unless all of the Lines cease to be used by Grantee for a continuous period of two (2) years whereupon all rights of Grantee and Grantee's successsors and assigns hereunder shall be deemed to have automatically ceased and terminated, and all title and interest of Grantee to the Easement and the land affected thereby shall thereafter revert to Grantor, its successors or assigns. (12) This Easement Deed and all of the terms, provisions and conditions hereof shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, legal repre- sentatives and assigns. TO HAVE AND TO HOLD the Easement for the purposes hereinabove specified and subject to the terms, conditions and provisions herein set out, unto Grantee, its successors and assigns, forever; and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend the Easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject, however, to the matters set forth herein. Grantee joins in the execution hereof to evidence Grantee's agreement, for Grantee and for Grantee's successors and assigns, to be bound by all of the terms, provisions and conditions hereo:. EXECUTED in multiple counterparts, each of which shall constitute an original fot all purposes, on this A ~ day of ..&M!c. , 1964. 0110, 1~~~lsL ~4O WILL SAMUEL MARSHALL D M C-A J MAR5 L HULL RO CE- HULL, TRUSTEE op, / L 1? All s NIE M. HU L, TRUS E [SIGNATURES CONTINUED ON PAGE 51 "GRANTOR" -4- r3 i • Grantee's mailing address is: LIFEMAR SPITA , C. 3800 Buffalo Speedway By: Houston, Texas 77098 Nam ames ove Titl TCe rest ent "GRANTEE" THE STATE 0 TEXAS S COUNTY OF / S x ' This instrument was acknowledged before me on 1984, by WILL SI.MUEL MARSHALL. X4 m C4 ~i'.'' Not ary Public in d for r, i`;' the State of Texas Myo.~QIANion . BRY~4N es: V", l~• n ate: f' Comassiond by The State of Tvas THE STATE OF TEXAS S COUNTY OF ~ S This instrument was acknowledged before me on 1904, by MARGARET JANIE MARSHALL HULL. o ary Public in a or the State of Tex s p1rafin date 94^ 23 ComrNsvoned t The State of T, a. ` E STA7$,' OF TEXAS S /'fir ••`,f COUNTY OF . OT is instrument was acknowledged before me on 1984, by ROYCE G. HULL, TRUSTEE. P... ,,,,,<ry .SLY Po ary Public in and or the State of Texa p~ 'Coinmi on Expires: DIANA~V, BRYSON Exylrotton date: 929.1465 Commissioned by Pee. 1D~ State of lens -5- f 't407,0 e, THE STATE OF TEXAS S DSTY OF kC44~ S QL;It ;,?,,,his instrument was acknowledged before me on 19840 by JANIE M. HULL, TRUSTEE. r~ otary u is in a for the State of Texas ~I+fy.-Co:6.iisaion ExpA:i, BRYSOtj _ cs•date: 9.29.1986 a i p. Canmtssfoned by ~ of THE STATE OF TEXAS Jeaas COUNTY OF HARRIS S This instrument was acknowledged befo me on o.~ yJG1~ as C , 1984, by lkg of r MARK HOSPITALS, INC. a Wo corporation, on behalf of said corporation. • { T otary Pubic in d for the State of Texas M CQ=1sjsion Expires • r~T,~ 4: 1 „•aANA 1' RRYCON Fay(f~tI n date: 9.291986 Comrrksioned by Ta wu d Tow -6- t• r~ry EXHIBIT A MARSHALL 16 FC'.r SANITARY SEWER EASEMENT, TRACT II (or Southern route) FIELD NOTES to all that certain 16 foot ride strip or tract Cf lend situated in the B.B.A. A C. Railroad Company, Survey Abstract Number 141, Denton County, Texas; the acid tract being a part of the called 158.531 acre tract described in the deed from ROYCE HULL, at ue, Trustees to WILL SAMUEL MARSHALL recorded in Volume 1011, Page 788 of the Deed Records of Denton County, Texas; the said tract being more particularly described as follows; BEGINNING for the Easterly Northeast Corner of the tract being described herein, at the Southwest Corner of the tract described in the deed from Will Samuel Marshall, at al to Lifemark Hospitals, Inc., recorded in Volume 1316 ,Page 19 of the said Deed Records; the said point being approximately 996 feet Northerly and 310 Easterly from the most Southerly corner of the said Marshall Tract; THENCE North 69 Degrees 49 Minutes 36 Seconds West with an extinsiea of the South line of the said Lifemark Tract a distance of 250.5 feet to a point for corner in the Northeasterly Right-of-Way of the -',Ulf, Colorado 6 Santa Fe Railroad; same being the Southwesterly line of the said Marshall Tract; THENCE North 32 Degrees 59 Minutes 18 Seconds West with the said Railroad Right-of-Way a distance of 1553.1 feet to an apparent angle point to the said line, near a fence corner post; THENCE North 33 Degrees 02 Minutes 55 Second.; West continuing with the said Railroad Right-of-way a distance of 112.6 feet to a point for corner at the most Westerly Southwest corner of another 16 foot Sanitary Sewer Eaeemeat iescribed as Tract I, (or Northern Route) attached hereto; THENCE North 58 Degrees 23 Minutes 14 Seconds East with the Southerly line of the said 16 foot easement a distance of 16.0 feet to a point for corner; THENCE South 33 Degrees 02 Minutes 55 Seconds East 16 feet Northeasterly from and parallel to, the said Railroad light-of-Way a distance of 122.8 feet to ■n angle point is on East-West fence line; • THE:;CE South 32 uegrees 59 Minutes IS Seconds East continuing 16 feet from, and parallel to, the said Railroad -night-of-way a distance of 1533.8 foot to a point for corner 16 feet Northerly from an extension of the South line of the said Lifemark Tract; THENCE South 89 )egrets 49 Minutes 56 Seconds East 16 feet Northerly from and parallel to the said extension of the sold Lifemark Tract a distance of 241.03 feet to a point fo, corner in the West line of the said tract; THENCE South 00 Degrees 49 Minutes 41 Seconds West with the West line of the said Lifemark Tract a distance of 16.05 feet to the PLACE OF BEGINNING and enclosing 0.702 of in acre of land. Q 'lWino9 uoSUSb '%11319 AN r' i' S4 Bull X861 i unu uolus6 l6 r:.:.. iJ rota lQ u°arau Pr:Wris sa sra jk n e41 u1 pap03 } . G'7 s W p r^ r'' l:J splowr paWru aq; to aged cn w l PO er k^P %CAR qua aW AQ UOIN pr7weSS awl A a o4 FILED . st{S uo P111 ssr 1, aWniSWI siYS lp4a KIN ~ 4l ssral .4.jno3 coluaQ '%tl3t~Val 1011Y01 MOLN3o 30 11003 E /r CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF_ DENTON ) { THIS AGREEMENT, made and entered into this 25 day of May A.D., 1984_, by and between The City of Denton, Texas of the County of Denton and State of Texas, acting I through G. Chris Hartung, City :tanager thereunto duly authorized so Co do, Party of the First Part, hereinafter termed the UiNEX, and Jagoe Public Co., P.O. Box 250 of the City of Denton County of Denton and state of Texas Party of the aecon Part, hereinafter termed CUNTRA 1'UR. ;tiITNESSETA: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by ttie Parry of the First part {UiNER)I and under the conditions expressed in the bonds bearing even date herewith, ' the saiG Party of the Second Part Y (CUNTiZAL'1'Uit) hereby agrees with the said Party of the First Part (OANEK) to commence and complete the construction of certain improvements described as follows: Bid #9281 Forrestridge Paving Improvements P.O. 9 63549 and all extra work in connection therewith, ur:der the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all . materials, supplies, machinery, equipment,, tools, 1 superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, is accordance with the conditions and prices stated in the P:nposal attached hereto, and in accordance witii all the Ce.eral Conditions of the Agreement, the Special Conditions, ~.,e Nocice to bidders (Advertisement for bids), instructions to bidders, and the Performance and Payment 3onds, all attacned hereto, and in accordance with the plans, wnich includes all :naps, plats, blueprints, and other drawings and printed or CA-1 written explanatory watter thereof, and the Specifications therefore, as prepared by Jerry Clark all of which are made a part herent and collectively eviuence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CUNTRALTUR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such paymentb to be subject to the General and Special Conditions of the Contract. IN WITNESS WtIEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: City of Denton, Texas Jagoe Public Co. Party o.E the First Part, Party of the Second Part, (owner) (Contractor) By BY_ , . rt G. Chris Hartung, City Manager Murray M.~Pa cks, Secretary/Tres. (6EAL1 ATTEST k- ~;~f APPRUVED AS TO FORM: Q~• ty t orne - J CA-2 B I r # 9281 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of Forrestridge Paving Improvements IN DENTON, TEXAS The undersigned, as biddrr, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according { to the requirements of the City as therein set forth. It is understoo! that the following quantities of work to be done at unit prices are approximate only, and are i»tended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. P - 1 It is understood and agreed that the work is to be completed in full within fifteen (15) working days. Accompanying this proposal is a certified or cashier's check or i Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the Owner reserves the right to reject any and all bids. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans ar.d specifications, for the following sum or prices, to wit: r' P - 2 BID ! 9281 Pot Forrestridge Paving Improvements Bid Tabulation Sheet Item Description Estimated Bij Extention uantity P it ce Total 100 Preparing Right-of-Way L.S. 12,soO/L.S. $ 1 2.5e0, 340-B 2" Type D Asphalt 1381 S.Y. ~Go/S.Y. $ ?M7jjG0 501 1 1/2" Overlay 270 Tons AIS C-17 /Ton $ J 2 L (Stringline Controlled) P - 3 BID SUMMARY TOTAL BID PRICE IN WORDS 11 ~ i"1.~ ~fw ~ %~7c1~<-•-.l ~ .ems yin ~jc~l C- rl In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. CONTR OR BY ' V - P•ec.- o hc,a APPROb'FD z s 0 Street Address VI Of i r. "I oil City an a e PUMiASHiG GL-IT. Stt Seal G Authorization / (If a Corporation) 71-7 ZT'~ Telephone P - 4 '1r THE AMERICAN INSTITUI ~ OF ARCHITECTS I AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that JAGOE-PUBLIC COMPANY Mme insert full name anti address or 1eµl title of Con[oaod P. 0. Box 250, Denton, Texas 76201 as Principal, herein, fter tailed Contractor, and, SEABOARD SURETY COMPANY (Mere ;nwrt full name and address or legat title of Surety) New York, New York as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF DENTON, TEXAS (Here insert full name and address or lepl title of Owned Denton, Texas as Obligee, hereinafter called Owner, in the amount of Thirty Two Thousand, Three Hundred Eighty- Three and 6U,'100---------------------------------------- Dol;acs(S 32,383.60 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and seYerally, firmly by these presents. WHEREAS, Contractor has by written agreement dated May 25, 19 84, entered into a contract with Owner for Forrestridge Paving Improvements - Denton, Texas in accordance with Drawings and Specifications prepared by (Men insert full name and addrea or leial tide of Archstectl which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATF1 ANT BOND , to V) FEBRUARY 1970 c0. - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., eASHINGTON. D, C. . YK* NOW, THEREFORE, THE CONDITION OF THIS OSUGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall it main in full force and effect. The Surety hereby waives notice of any alteration or defaults under 0.e contract cr contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the Wherever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; to be in default under the Contract, the Owner having but not exceeding, including other costs and damages p!rformed Omer'; ~hligations thereunder, the Surety for which the Surety may be liable hereunder, the amount may promptly remedy toe default, or shall promptly set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, , shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 21 Obtain a bid or bids for completing the Contract in Any suit under this Lond must be instituted before accordance with its terms and conditions, and upon de- the expiration of two (2) years from the date on which termination by Surety the lowest responsible bidder, final payment under the Contract falls due. or, if the Owner elerct ts, upon determination by the Owner and the Surety jointly of the lowest responsible No ight of action shall accnje on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. III Signed and sealed this 25th day of May 19 84 JAGOE-PUBLIC COMPANY - t ~rr~~u tin a~~n r ffC1 ELLIS CROTTY POWERS & CO. INC. e, 8300 DOUGLAS AVE. SUITE 700 SEABOARD SURETY COMPANY DALLAS, TEXAS 75225 Ourery) x:u Tel. (214) 987.2100 r rrr,•) James N. Powers, Attorney-in-Fact AIA DOCUMENT A)II • MrO RMANCE BONO AND 1ABOR ANO MATERIAL PAYMENT BUNG AIA it tMRUARY 1970 n).- rHE AMERIC %N INSTI ME Or ARCM IECIS, 177S N.Y. MV, NA%1- WASWNGTON, U. C. 2OW, 2 THE AMERIC.,,r-4 INSTITUTE OF ARCHITECTS A!A Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONOITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that JAGOE-PUBLIC COliPANY (Here intent full name and address or legal fide of Contrectorl P. 0. Box 250, Denton, Texas 76201 as Principal, hereinafter called Principal, and, SEABOARD SURETY COMPANJ (Hen insert fu I name an address or legal Gde of Surety( New York, New York as Surety, hereinafter called Surety, are held and firmly bound unto senu OF D€NaON TWA (Here insert u I name an ad ress ar I gu of Ownerl Denton, Texas as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbeiow defined, in the amount of --Thirty Two Thousand, Three Hundred Eighty Thr(Ngnd 401 100---------_ (Here insert a sum equal to at least one-half of the contract pricel Olld rs ~ for the payment whereof Principal and Surety bind themselves, their heirs, executors, ad6ministra!ars, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated May 25, 19 84, entered into a contract with Owner for Forrestridge Paving Improvements - Denton, Texas in accordance with Drawings and Specifications prepared by [Here insert full name and address or regal wfe of Archlrectl which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA a FEBRUARY 1970 E0. - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 3 NOW, THEREFORE, THE CONDITICN OF THIS 08l1GATIO14 is Such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be -oid; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and t;Te name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by marling the same by registered mail labor and material being construed to include that part of or certified mail, postage prepaid, in an envelope ad- water, gas, power, fight, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Cwner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) after the expiration of one (1) year following the full before the expiration of a period of ninety (901 date on which Principal ceased Wwk on said Contract. days after the date on which the last of such claimant's it being understood, however, that 'f any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any la v controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equpl to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses c) Other than in a state court of competent jurisdiction of any such suit. in and for the county or other political.subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the by any claimant: district in which the Project, or any part thereof, is sit- uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and nonce to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last or the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 25th day of May 19 84 JAGOE-PUBLIC COMPANY fe+ xWlTncrs, cz E!_Li.CI QTTY PO'NERS & CO. iNIC. 8300 DOUGLAS AVE. SUITE 700 SEABOARD SURETY COMPANY D ^LLAS, TEXAS 75225 (suruly) urnl Tel. (2141 987.2100 r Wrl ONJI fTNfr) James N. Powers, Attorney-in-Fact AIA DOCUMENT A311 - VERfORMANCE BOND AND LABOR AND %IATERIAL 11AMENT BIND - AIA a T(BRUAIi 14)0 W.-THE AYMCAN INSTITUTE W ARCHITECTS, 17 iS N.Y. AYE., N,W., WASHINGTON, D. C. 20x'06 4 Certified Copy Sm-MO.AI2D SUT 010 CO.MPALIIY No. 914 6 \'ew YORK, NEW YORK POWER OF ATTORNEY KNOW ALL, MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Willard Crotty, Jarnes N. Pours, Tan P. Ellis, III, Peter A. Rush, William G. Klirgnan, Orvil B. Ccborn, Jr., Frank ~r, E. Easley of Dallas Texas true Ban law ul Attorney-m- Fact, to ma4 execute and deliver on its behalf insurance policies, surety bonds, under- takings and other instruments of similar nature as follows: Without Limil-ations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney. in.Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and scaled with its corporate seal; and all the acts of said Attorney-in Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by t:ie Board r.r Directors of the said Com- pany on December 8th, 1927, Leith Amendments to and including January 15, 1952 and are still in full t -rce and effect: ARTICLE VII, SECTION 1: 'Policies, bonds, recogr,i:ances, stipulations, consents of surety, underwriting undertakings and instruments relatirt~, thereto. Insurance policies, bonds, recognirances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, -greements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice President or a Resident Vi,e President ?Ad by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney in-Fact for the Company appointed and authorized by the Chair- man of the Board. the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative.' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one off,, t Vice- Presidents, and its corporate seal to be hereunto affixed anct duly attested by one of its Assistant Secretaries, this day of MarC11........................ 1931. Attest: SEABOARD SURETY COMPANY, (Seal) .........Margaret Scofield By Thomas P. Gorke Assistant Sec re a r y Vice•President STATE OF NE`,V YORK COUNTY OF N , r YORK ss.. On this 2.4th......... day of Miu;.q.h............................................................... 19...8.1..., before me personally appeared Thomas ...P.....Gorke a Vice-President of SEABOARD SURETY COMPANY Leith whom I am personally acquainted, who, being by me dulv sworn, said that he resides in the State of ...New„Jersey,,,,,,,.. that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the fore- going instrument: that lie knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice. President of said Company by like authority. State of New York No. 41-9010912 Oualified in Queens County Certificate filed in New York County (Se,l) Commission Expires March 30, 1984 Samuel C. Simmons C ERTIFI CATE Notary Public h the undersigned Assistant Secretary of SEABOARD SURETY COMPANY du hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney. in-fact as provided in article VII, Section i• of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the fotloMng resolution of the Board of Directors of SEA- BOARD SURETY COMPaN1' at a meeting duly called and held on the 23th day of June 1978. -RESOLVED: (2) That the use of a printed facsimile of the corporate seal o the company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article NIT, Section I, of the ByLa.ws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the company surety bonds, underwriting undertakings or other instruments described in said Article \'fl, Section I, with like effect as if such seal and such signature had been manually affi.yed and made, hereby is authorized and approved." IN WITNESS HEREOF, f have terrr{ntoossett~my hand and affixed the corpor a cal of the Company to these presents this day of .............1....V I(wK.c~ e re 1927 Gi Assistant retary NAME VD ADDRESS of AGENcy r • ELLIS CROTTY POWERS b COMPANY, INC. COMPANIES AFFORDING COVERAGES 8300 DOUGLAS AVENUE, SUITE 700 DALLA;;, TEXAS 75225 C EtOMnPtANaY A NORTH RIVER INSURANCE COMPANY COMPAN rT(4. unE L( B INTERNATIONAL INSURANCE COMPANY NAME AND ADDRESS OF INSUREF~ C PA JAGOE-PUBLIC COMPANY COMPANYC MISSION NATIONAL INSURANCE COMP P. 0. BOX 250 COMPANY D - DENTON, TEXAS 76201 ttrTER COMPANY E LETTER E This is to certify thltl DolK+ef of mSUrarice listed below hare Deen rslued 1o the Insu!ed Named above and are in force at Una hme KOSwghltilYOM` Any rpudlment, term CIr CO' dllgn of any Contract or other docvrnh4 with It to which this COMflcat! may tH issued of ma terms, a clus" and CV4.tlons of such volrciy, y pertain, the mluryrKa aflpdrW DY the OdKils Of1CnDed herein I! sU bIK110 AN the COMPANY y PotICY Limnso LIa dlt In oVSan s LETTER TY PC OF INSURANCE POI YNUMBER EAPIRATION DATE EACH AGGRCWI[ OCCURRENCE GENERAL LIABILITY BODILY INJUFrr s 300, s 300, A• COMPREHENSIVE FORM ICI PPEMIS[S-OPERAr10N3 PROPERTY DcMAGC E 100, s 100, ® CARLOS" AND COLLAPSE HAZARD UNOC PGRWND HAZARD OPEAANS Nj ToOMPt(`TE0 540 659 389 5 10/1/84 f®~~ P O , UL CONTRACTUAL INSURANCE PROPROPER TY DAYAGE I BROAD FORM PROPERTY COMBINED S ^ DAMAGE COMBINED ' N INDEPENDENT CONTK'ACTORS ' PEr.SONAL INJURY 80AD FOPS I~ENDQRSFMF. PERSONAL INJURY s ' 300 B. AIUTOMOBII_e_ LbtBILITY BCOILYINJURr B. :XI COMPREHENSIVE FORM BODILY PERSON) ~s 250, X~OWNED 540 602 885 7 IEN I SODA .10/1/89 ;EACH ACCIDENT) HIRED PROPERTY OAMAGE s 1 1S/ NONOwNCD BODILY INJURY AND PROPERTY DAMAGE I EXCESS LIABILITY coMelrl D C MN 02 78 25 BODILY WJURYA ~ OTHER FORM 10/1/84 Pr10PCRTY DAMAGE GE I 5, 00 S 5,0 OO ❑ OTHER THAN UMBRELLA FORM COMBINED A. WORKERS'COMPENSATION 403 309 795. + and 10/1/84 sTATtroRY EMPLOYERS' LIABILITY s OTHER JOB: FORRESTRIDGE AVING IMPROVEMENTS- SID #9281. I / DESCRIPTION Of OPERATIONS/LOCATIONSNENICLES i I Cancellation: Should any of the above c'escribed policies be cancelled before tf = expiration data thereof, the issuing com- pany will endeavor to mail -10 days written notice to the b : v named certificate holder, but failure to mail such notica sl•.all impose no obligation or liability of any kinc Pon the company. NAME AND ADORCSS OF CERTFICATC NO%pCR 5/25/84 CITY OF DENTON DATE IssUED DENTON, TEXAS EL~Sy"CROTTY POWERS & COMPANY, IN . •!v -:iJuTnoarZtb atvotSthrArlY[ ACoRD 2 5 11,79) 531 North Locust Box 518 Denton Texas 76201 817 387 6148 :UFE TITLE Company of Denton ALL L! lit f ~r f MAY 0 l~ nq CITY . Lvj Tog May 29, 1984 T4XDEPK. City of Denton, a Municipal Municipal Building - Denton, Texas 76201 Reference: Our GF24306-21 Purchase from Ali A1-Khafaji (William Loving Survey, Abst. 759) Dear Gentlemen: In connection with the above captioned transaction, we enclose your Owner's Title Insurance Policy, numbered OP184721- We now have a permanent filo on your property ani are in a position to render excellent service should you have a need for our assistance. It has been a pleasure closing this transaction for you, and we hope to have the opportunity of doing so again in the future. Very truly yours, USLIFE Title Company of Denton John hlalker President Enclosure W11FE TITLE INSURANCE Companyof Dallas ENDORSEMENT Attached to and made a part of USLIFE TITLE INSURANCE Company of Dallas OWNER POLICY of Title Insurance No.-- 847 this -25th - - day of--- -----14 - 19-84- Paragraph 3 of to C~~DITIONS AND STIPULATIONS Section of this OwneVPolicy of Title Insurance, Form T•1, is hereby amended to read as follows: (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desk able to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of the policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. When, after the date of the policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in title to the estate or interest in tae land insured by this policy which is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate such charge to determine whether the lien, encumbrance, adverse claim cr defect is valid and not barred by law or statute. The Company shall notify the insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the Company conclude, that the lien, encumbrance, adverse clairn or defect is valid, the Company shall take one of the following actions: (t) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the title to the estate as insured; (2) indemnify the Insured as provided in this policy; 13) upon payment of appropriate premium and charges therefor, issue to the current Insured or to a subsequent owner, mortgagee or holder of the estate or interest in the land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the property or, if a mortgagee policy, the amount of the loan; (4) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; ;5) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; of (6) undertake a combination of 1. through 5. herein. Item 7 of the CONDITIONS AND STIPULATIONS Section of this Owner Policy of Title Insurance, Form T•1, is hereby added: to read as follows: "7. COMPLAINT NOTICE: Should any question or dispute arise about your premiums or a claim you have previously filed, first contact the agent who issued this policy or write the company. If the problem is not resolved, you may also write the State Board of Insurance Dept. C, 1110 San Jacinto, Austin, Texas 78786." Nothing herein contained shall be construed as extending or changing the effective date of the aforesaid policy, unless otherwise expressly stated. IN WITNESS HEREOF, the USLIFE TITLE INSURANCE Company of Dallas has caused this Endorsement to be executed by its President under the seal of the Company, but this Endorsement is to be valid only when it bears an authorized countersignature. Dated: USLIFE TITLE INSURANCE Company of Dallas L-A L) C,evrthnf 6 Chol [,rcur•e Q~rN rr A ffe rS_rrc rJ1/ro`ry` J//r1~~11' J4 Z-1 ,imal O~R~e, or A➢nnr FORM T 310P 341 35M 104H LMIFE TITLE INSURANCE Comoanv of Dallas Owner Policy of Title Insurance OP 184721 USLIFE Title Insurance Company of Dallas, DALLAS, TEXAS, a Texas Corporation, HEREINAI I ER CALLED THE COMPANY, for value does hereby guarantee to the Insured (as herein defined) that as of the date hereof, the Insured has good and indefeasible title to the estate or interest in the land described or referred to in this policy. The Company shalt not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to defend against any claims based upon matters in any manner excepted under this policy by the exceptions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditions a,,d Stipulations hereof. The party or parties entitled to such defense shall within a reasonabl> time after the commencement of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency cf 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 litiyant may apply, and if such adverse interest, claim, or right so established shall be for less than the whole of the estate or interest in the land, then the liability of the Company shalt be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that the adverse interest, claim, or right established may bear to the whole estate or interest in the land, such ratio to be based on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved from all liability with respect to any such inter- est, claim or righ,; provided, however, that failure to notify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shall be actually prejudiced by such failure, Upon safe 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 5°?*ticr ce4~ land, The Company shall be liable under said warranty only by reason of defects, liens or r; ,z encumbrances existing prior to or at the date hereof and not excluded either by the exceptions or by the Conditions and St~-)ulations hereof, such liability not to exceed the a£B'Z': ° amount of this policy. %~',rEr~;;: IN WITNESS HEREOF, the USLIFE Title Insurance Company of Dallas has caused this s~ ' s+ policy to be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. Pns~deu d Cne! Encur~ae Ofhcr~ Attest Sweraq Valid Only If Schedule A and B Are Attached With Authorizer] Signature Affixed On B. FORM T1 100Tx inEV 383123h1487H CONDITIONS AND SI IPULAI iONS 1. Definitions Company the right to so provide defense in such action or The fo ov,iny leans when used in this iy mean, procBed,ng, and ell appeals therein, and permit it to use, fa) ' land The and described, spec,hcally or try reference, at its ont~c.t the mime of the Insured for such purpose. in Schrpdide A, and improaemenii aff,,, d thereto t^,icir by 11,I the Con,hany shall have the right to select counsel of its law cons'itute real property or,n c'J,c(' wheneaer it is required to defend any action 'bl "puhlc recnrIs" Th e I9cvrdi v,h,i,. I in,I c,ir'Strur , F I, rce°_dJnq, and SuCh eOUnsel shrill have eeniplele Con- tii, nut,ce of Inath_rs rr,!al,na to Ii land, rcpt ul 5a4f dafunsc. "kno,^;'ed,le Acru:,l kno.v'c+1'.3'', not cOnStrU,.t ;e i I- CI The Company shall have the right of its eon cost to insti Or notice 'wh,Cli may he ,nipoterJ Jr) the iny,,rCU t,,t„ and i^,,lhout undue de'la'y prosecute any aci or reason of any i rrcords. I,rue ng or to do any o;hcr act v;hich in its opinion 1i "d(i1e The effuelivB date vrc',~ding hOl~r i1 spr e~fn1d, n,.iy be accessary Or desirable to estabbsh the title to the ~ •I ".nsured" The Irrsi.iid n., m,.~l r, Schrdule A arrti, suh lint to any r,jhls or rlcfcn r.s tl,e Cc~n,;ta„y miry have hirl es jte or interest as insured, and IF ~ Company may take age Fist floe i iiid Ir~vir,•,} or any person or entiiy who rny y,ropn ia. act on under the 1 rms of the, po6rv whether i,, 1 ?t It si Jll L)" Debit then.cn . r and sh i thereby s~iueeds to tlv; r~ r, st -if su~l, nrirnerd lnsuie rl by e p_'ra ton of la v us it 5t n h~shf frurn pi rchase, any puson or r,-r le l~at "'ty or vane any provision of !ir I,. cy rant, hr, succ r I~ to 0 rntrrest of such nal r-d if ''U cri i 11 ti"rn v.c~r r,he Corp,piny shall have trouy,l t any action or by opcraucn of a; d st,r,a,shod fr,ini pirr,hose id rorrhosrd o d_turs„ as• rc lulled or p_,rrniilod by the pru ing but not lin.itc:d to the fol'ciiv ons of this policy, the Comp.:iny may pwr oc any such ii! heirs, devisees, distribtitees, exr!cvin's arid hti,aaN„n to final deterin nation by I ccort of cornpet^nt adnrnistrators; )ur;dfrt.on and expressly reserves the right, in its sole f,id the successors in interest to a corhurat~on re>ulting discret cw to appeal from any adverse judgment or order. from merger or consol-dat,on or the d,strii of (c) Ylh_nrtor requested by Inv Company, such nsured shall th^ Hsse15 of such ccrrrtri~no upr,n partial or cn,n qo e ti, , Company all rcasonabin aid in any su, h action or p'ote liquidation; proceeding, in effecting settlement, securing evidence, (yid the partnership successors in interest to a general obtai(i witnesses, or prosecuting or defending such action or Iirnilcd partnership which dissohes tut does or proceeding, and the Company shall reimburse such insured not terminate; for any expense so incurred. (rvl the successors in interest to a general or limited if) Any action taken by the Company for the defense of the partnership resulting from the distribution of the Insured or to establish the title as insured or both, shall assets of such general or Cmitud partnership upon not be construed as an admission of liability, and the partial or complete liquidation; Company shall not thereby be held to concede liability h,) the successors in interest to a joint venture result or waive any provision of this policy. ing (corn the distribution of the assets of such )Dint venture upon partial or complete liquidation; 4. Payment of Loss vi) the successor or substitute trustee of a trustee (al No claim shall arise or be maintainable under this policy named in a written trust instrument; or for liability voluntarily assumed by the insured in settling (vi) the successors in interest to a trustee or trust re any claim or suit without written consent of the Company. resulting from the distribution of all or part of the. (b) All payments under this policy, except payments made assets of such trust to the beneficiaries thereof for costs, attorney fees and expenses, shall reduce the 2. Exclusions from the Coverage of this Policy amount of the insurance pro tanto; and the amount of This policy a )es not insure against loss or dFirnage by reason this policy shall be reduced oy any amount the Company of the follow i n g : may pay under any policy insuring the validity or priority (ai Tt•e refusal of any person to purchase, lease or lend money of any hen excepted to herein or any instrument hereafter on the Icnd executed by the Insured which is a charge or lien on the Ib) Go,,,!rnmcntaf Fights of police power or eminent domain land, and the amount so paid shall be deemed a payment unless notice of the exerr,lse of such rights appears in the to the Insured under this policy. pubic records at the date hereof; and the consequences of any law, ordnance or governmental regulation indud rig, (c) The Company shall have the option to pay or settle or but not limited to, building and zoning ordinances. compromise for or in the name of the Insured any claim c) Any titles or i,c,hts asserted by anyone including, but not insured against by this policy, and such payment or ten- hinited to, persons, corporations, governments or ethcr der of payment, together with all costs, attorney fees and entities to tidelands, or lands comprising the shores or expenses which the Company is obligated hereunder to beds of navigable or perennial rivers and strearns, lakes, pay, shall terminate all liability of the Company hereunder bays, gulfs or oceans, or to any land extending from the as to such claim. Further, the payment or tender of pay• line of mean low tide to the line of vegetation, or to lands ment of the full amount of this policy by the Company shall beyond the line of the harbor or bulkhead lines as estab terminate all liability of the Company under this policy, lished or changed by any government, or to filled in lands, d1 Whenever the Company shall have settled a claim under or artificial islands, or to riparian rights, or the rights or this poLcy, all right of subrogation shall vest in the Com- interests of the State of Texas or the public generally in pany unaffected by any act of the insured, and it shall be the area extending from the line of mean low tide to the subrogated to and be entitled to all rights and remedies of line of vegetation or their right of access thereto, or right the Insured against any person or property in respect to of easement along and across the same. such claim. The Insured, if requested by the Company, Idl Defects, liens, encumbrances, adverse claims, or other shall transfer to the Company all rights and remedies against maters (11 created, suffered, assumed or agreed to by the any person or property necessary in order to perfect such Insured; (21 not known to the Company and riot shown by right of subrogation, and shall permit the Company to use the public records but known to the Insured either at the the name of the Insured in any transaction )r litigation date of this policy or at the date the Insured acquired an involving such rights or remedies. estate or interest insured by this policy and not disclosed in writing by the Insured to the Company prior to the date 5. Policy Entire Contract such Insured became an insured hereunder; 131 resulting in Any action, actions or rights of action, that the Insured may no loss or damage to the Insured; W attaching or created have, or may bring, against Nu Company, arising out of the subsequent to the date of this policy; i5) resulting in loss or status of the title insured hereunder, must be based on the damage which would not have been sustained if the Insured provisions of this policy, and all notices required to be given had paid value for the estate or interest insured by this the ,-ompany, and any statement in writing required to be policy; or (61 the homestead or community property or furnished the Company, shall be addressed to USLIFE Title survivorship rights, if any, of any spouse of any Insured. Insure ice Company of Dallas, 1301 Main Strect, Dallas, Dallas 3. Defense and Prosecution of Actions County, Texas 75202. (al In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the 6. This policy is not transferable. SCHEDULE A Amount: s5,000-00 Owner Policy No.: O F 134721 Gf or Fife No.: 24306-21 JA Date of Policy: May 25, 1934 Name of Insured: City of Denton, a Municipal Corporation 1. The estate or interest in the land insured by this policy is: Fee simple (fee simple, !easehold, easement, etc.-identify or describe) 2. The land referred to in this policy is described as follows: e SEE ATPACHED FOR LEGAL DESCRIPTION • USLIFE Tate Insurance Company of Dallas / 1301 Main 51., Dallas, Texas 75202 Valid or!y if Schedule 8 and CoNer Page area tl a cherl FORM Tt 1001%AIREV 1410125M1%3H Atleched to and made a pert of USLIfE TITLE INSURANCE Company of Dallas Policy, Binder or Commitment No. , 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 William Loving Survey, Abstract No-759, ani being part of Lot No. 8, 9, Block A, and part of Lot 9, Block B, of the Blount Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyel from Thomas E. Noel and wife, Fama C. Noel to Ali Al-Khafa i by correction dsed dated January 19, 1931 and recorded in Volume 1056, Page 165, of the Deed Records of Denton County, Texas, an3 more particularly described as follows: BEGINNING at the most easterly northeast corner of tract 5 as described in above mentioned deed, said point lying at the intersection of the present Ball Avenue west right-of-way ltne with the presaat south right-of-way line of Wainwright Street; THENCE S,29 deg. 44' 42' west along said tract 5 east boundary line same being the west right-of-way line of Ball Avenue, a distance of 40.31 feet to a point for a corner; THENCE S.37 deg. 46' 32" neat along said lines, a distance of 50.60 feet to a point for a corner; THENCE 5.44 dog. 25' 53" west along said lines, a distance of 35.71 feet to a point for corner; THENCE N.=j deg. 33' 12" east a distance of 41.66 feet to a point for a corner; THENCE N.29 deg. 44' 42" east a distance of 85.0 feet to a point for a corner in the north boundary line of said tract 5, same being the south right-of-way line of Wainwright Street; THENCE S.53 deg. 07' 48" east along said line a distance of 12.0 feet to the place of beginning and containing 0.0231 acre of land more or less. I MISC. INSERT SOM683H SCHEDULE B Owner Policy No.: OP 184721 This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements insured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this policy. 1. The following restrictive covenants of record itemized below (the company must either insert specific recording data or state "None of Record"). None of Record 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im- provements. 3. Taxes for the year 19-34- and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership. Not yet due and payable 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): 5. Any porttioa of the property herein described which fells within the boundaries of any road or roadway. 6. Visible and apparent easements on or across the property. US E itl ompany of Denton Jo n Walker, E9croxrd(35icer l1SUIPE Title Insurance Company of Dallas / 1301 Main Sr, Dallas, Texas 75202 Valid only if 5(hedule A )r l Co%er P,xgo arc attar hat FORMTI- 100Tx BIAEV. }93) 30MI263H A•96--WARRANTY DEED-With Cmeril and C~rpot.t;oo Admow!edg=n4 MARTIN Sh,iontry Ca., Da1La 1410PAGE 177 THE STATE OF TEXAS, Know All Alen By ThVVLese Presents; COUNTY Ol~...... QEN~'QT1i ~ PAPpIRTY RECORBS 271692 That Ali A1-hnafaji, a married man, owning, occupying and claiming other property as my homestead, the below described property further constituting a part of my separate property and estate, subject to my exclusive management, disposition and control, of the County of Denton , State of Texas for and in consideration of the sum of If -------------FIVE THOUSAND & N01100 ($5,000.00)--------------- DOLLARS, to him in hand paid by the City of Denton, Texas, a Municipal Corporation 1 f I MAGE1`: $ have Granted, Sold and Conveyed, and by these presents do Grant, Se!] and Convey unto the said City of Denton, Texas, a Municipal Corporation of Le County of Denton , State of Texas all that certain lot tract or parcel of land lying and being situated is City and County of Denton, State of Texas, and being part of ".:he William Loving Survey, Abstract No. 759, and being part of Lot Nos. 8 and 9, Block A, and part of Lot 9, Block B, of the Blount Addition, an addition to the 1 City and County of Denton, and also being part of a tract of land as conveyed from Thomas E. Noel and wife, Fama C. Noel to Ali Al-Khafaji by correction deed dated January 19, 1981 and recorded in Volume 1056, Page 165 of the Deed Recoids of Denton County, Texas, and re,,:e particularly described as follows: i BEGINNING at the most easterly northeast corner of Tract 5 as described in above mentioned deed, said point lying at the intersection of the present Bell Avenue west right-of-way lire with the present south right-of-way line of Wainwright Street; THENCE south 2904414..' west along said Tract 5 east boundary line same being the west right-of-way line of Bell Avenue a distance of 40.31 feet: to a point for a corner; THENCE south 37046132" west along said lines a distance of 50.60 feet to a point for a comer; THENCE south 44025158" west along said lines a distance of 35.71 feet to a point for corner; THENCE north 35033112" east a distance of 41.66 feet to a point for a corner; {I 14M.""E3. i 9 THENCE north 29044142" east a distance of 85.0 feet to a point for a corner in the north boundary line of said Tract 5 same being the south right-of-way line of Wainwright Street; THENCE south 53007148" east along said line a distance of 12.0 feet to the place of beginning and containing 0.0231 acre of land, more or less. 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 City of Denton, Texas, a Municipal Corporation, its successors XM and assigns forever; and I do hereby bin t m;'self , my heirs, executors and administrators, to Warra^t and Forever Defend all and singular the said premises unto the said City of Denton, Texas, a Municipal Corporation, its successors Ms and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness MY hand at Denton, Texas this 25th day of MAY A.D. 19 8 4 Witnesses at Request of Grantor: 'A'LL - 6~i AL KHAF...._.._._ vn~ Z~~.~r~cfi~~ ACKNON'LEDG31F.NT THE STATE OF TEXAS, BEFORE ME, the understgncd authority, COUNTY OF....... DENTON in and for said County,'Cexu, on this day i,crsonally appcarrd......_ ..............._.........................a. i . _ known to me to be the person........ whose name subscribed to the foregoing instrument, and acknowledged to me that ..be.... . . executed the same Ier the purposes and consideration therein ~5 r:tressed. . 1{~~auyUli C D Y 114ND AND SEAL OF OFFICE, This... h..,day oL........... M~Y A. D. 19._6.3_.. tOfl ................................County, Texas ~t + Notary Public Den O% My Commission Expires June ......_...._.L... ? 19..... p'~ej rOF DE N`O a -oo', AChKOF'LEDGDIE\T THE S~`CAOF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF_ r in and for said County, Texas, on this day personally appeared... ..........subxribed to t`e foregoing instrument, and acknowledged to me that known to me to be the person........ whose name be_........ executed the same for the purposes and consideration therein expressed. GIVEN UNDER 1IY IIAND AND SEAL OF OFFICE, This ................................day Of A. D. 19.............. (L.S.) Notary Public .....................__.................................................County, Texas My Commission Expires June 19.......... CORPORATION 4CK,NOVLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF....................... f in and for said County, Texas, on this day personally appeared known to m. to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the Bald corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and In the capacity th Tin stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thu ...............................day of.................... .,A. D. 19- (L S.) Notary PUF''C,...._....... ...............................County, Texas \ly Contrniaion Expires June 19.......... i THE STATE OF TEXAS, I'-- COUNTY OF County Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the................... l -day of , A.P. 19....... with its Certificate of Authentication, was filed for record in my office on the.._..........................__ A.D. 19............... , at........... ..._o'clock.... ._......._M., and was duly recorded this.............. of . .day o.................. A.D. 19..... , at o'clock M., in the Records of said County, In Vol- f day k uma.... on pages WITNESS my hand and seal of the County Court of sild County, at my office in ..............._.......,_..........................................the day and year 1ZCt above written. Clerk County Court............. ............................_............_...............................County, Texas (L S.) By---- Deputy. tETURN TQ• oger Wilkinson, City of Denton Municipal Building, Denton, Texas 75201 a I I I i I i I t ; I Mit rd v ~ Z A E ' O j F d i ° i ~y i ~ fC' 1I c t i 1 i ng Q 3 ~ VnaG~ nG . 'l 9 'c r e `n, 1 1 . I I ~ I ST397doTV T IOA r f CC415 • EASEMENT, REAL PROPERly RECORDS vO Martin stationary Co., oalpu THE STATE OF TEXAS, 11111parE429 KNOW ALL MEN rtY THESE PRESENTS: COUNTY OF I THAT William Thomas Stone and wife, Anne 1. Stone 8070 of Denton County, Texas , in consideration of the suns of One dollar ($,1.00) and no cents------------------- a9d other good and valuable consideration in hand paid by the City of Denton, Texas receipt,of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the Ci't'y of Denton, Texas the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by them . Situated in Denton' Comity, Texas, in the D. Davis Survey, Abstract No. 356 All that certain lot, tract or parct?l of land lying and being situated in the City and County of Denton, State of Texas, aid being part of the D. Davis survey, Abst. No. 356 , and also being part of a tract o and as conveyed from Willard L. Feucht and wife Audre Feucht to William Thomas Stone and wife n i. Tfone by deed dated 1-1 an recorded in Vo ume 327 Page 460 of the Deed Records of Denton County, Texas, and more particularly described as follows: Beginning at a point in the north Boundary line of said tract and survey, said point lying North 84015' 37" East 431.11 feet from the northwest corner of said tract; Thence North 84015' 37" East along the north boundary line of said tract and survey, a distance of 2333.89 feel to a point for a corner, same being the northeast corner of said tract and survey, said point also lying in an north and south public road (Tom Cole rd.); Thence South 4038' 18" East, along the east boundary of said tract, a distance of 16 feet to a point for a corner; Thence South 84015' 37" West, 16 feet south of and parallel to the north boundary line of said tract, a distance of 2333.89 feet to a point for a corner; Thence North 4038' 18" West, a distance of 16 feet to the place of beginning and containing 0.8571 acres of land mere or less; And it is further agreed that t're said City of Dento,i, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. F or the pu rposc of construction, installing, repairing and perpetually maintaining publ is uti 1 i ties . Cattle-guard at entry not to be disturbed, line to be as close as possible to property line. Power-line to be on wood poles, no tower in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said publ i c utilities or any part thereof, TO ]1AVE AND TO BOLD unto the said City of. Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness hand this the ,,,2,5r- day of /~-4 y , A.D. 19 84 . WT]Iiam Thgm-S E~ nne on 1 e7 ACKNOWLEDGMENT THE STATE OF TEXAS, f .Wf COUNTY OF Denton BEFORE ME, thcfuhdg}~ d1r'(t Ity,, on this day personally appeared William Thomas Stone and Anne 1. Stone k v f;' l~r~ + r4 t r known to me to be the person 5 whose name s are subscribed to the fore oin g g instrument, and Acknowleced to fne.that', They executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ' day of + A.D. 19'Y , Notary Public, in and for,t~e State of Texas. My Commission F.xpires..... '.,144I>......... ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he.. executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19.. (L.S.) Notary Public, in and for the State few. My Commission Expires . CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, ) BEFORE ME, the undersigned authority, COUNTY OF_ on this day personally appeared . - . . known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said _ a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of..... A.D. IS (L.S.) _.........................................................11 Notary Public, in and for the State of Texas. My Commission Expires CLERK'S CERTIFICATE THE STATE OF TEXAS, COUNTY OF h County Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of _ A. D. 19 with its Certificate of Authentication, was filed for record in my office on the day of....,.....,_ A. D. 19 at . o'clock M., and duly recorded this day oC..._._ A. D. 19 , at o'clock M., In the _ Records of said County, In Volume_ , on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in_ _...4 le day and year last above written. Sy Qi oo~o`'lt~e3spooc6% County Clerk . County, Texas. (L. S.) n' °s, aid sc' B C fRVlh\~rv''~o~l ~`a o~`~. Gl Y Deputy. *Zf10~f ,otxt~t,~• sxb4cQ~~teS`J~m4e;A~C.ta.;' I ffF~bd~°' cvscl c3 4 A c.,` Q d . O x c a° 5 N d c a E ~r:' ns, V U E c c~ a; ci i o SIB' i; cr Oi ci WVW Vi,, Q f i d _NeY X Oi N N a 1, Wp r - a .r f~ NI p~is N i C ci a' ? x fL ? w d Q c U ~T' EWi y1 r H 0 :J 04 II lliid~ ° yy a s c,~ o .2 (Ij U q, 4J U E di 4-~ G `I a u£'ft Yfl ~rV I t" oC vdi O.~iN o: c i o 00. i I "o °x F z r I 4jI "0 4J v I r Y I i r C 3! 3 ~Q 1 pm lp v p,~J' , l i V f 0 N a~ q~ IN THE MATTER OF CITY OF DENTON Y 1 8 1984 CITY MANAGEReS OFFICE ! THE STATE OFTEXAS Roy Appleton, Jr. County of Denion being duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the, said notice was published in said paper on the following dates: LEGAL NOTICEi Public hearing and consider a resolution concerning the designation of blighted areas in Denton 159 lines $127.60 MAY 7v 14e 1984 Subscribetl and sworn to before nie this-- 24 _ day of _ MAY 9 84 Witness my hand and official seal. Notary Public, Denton County, Texas LEGAL NOTICE On May 22, 1914, at 7;009.m.' the City Council of Denton, HER Texas will conduct a public HE,H hearing In the City Council CE, 111 h1v Nn. I'['lll,l Chamtxrof 21SE.McKinney 1?li SI. and confider a resolution concerning the designation of blighted areas In Denton. IN TIH; I AT1'E:N OF TIIF This action Is required to obtain Industrial Develop- ment Batas. Industrial Dev et,>pment Bonds are tax - exempt bonds which provide Industrial and commercial i businesses funds for expansion or construction to Improve the communlty. These funds provide tower l1 than market Interest rates. The following Is a description of the boundaries for the proposed blighted areas In Denton: AFFIDAVITOF PUBLISHER TO PROPOSED BLIGHTED illujLIC,%TION OF LEGAL NOTICE: AREA DESIGNATION Area A South Boundary-Intersection of Santa Fe railroad tracks FiRv! 1hr - iEnt and Hwy 3" (Ff. Worth Drive) N o r f :a / W e s t l9 Boundary-Beginning at a southern point of intersection by the M.K.T. & T.P railroad tracks and 1M Santa Fs R. R. tracks, with this west bound ary go)no north along the M.K.T. & T.P. rahroad tracks to the Intersection of M.K.T. 3 T.P. railroad tracks and U.S. Hwy 377. North/East Beendary-North along U.S. Hwy 377 from Intersection of Hwy 377 and the M.K.T. 9 T.P. Railroad tracks, Ff. Worth Drive to the Intersection of Hwy 377 H~ . Drputy am 14SE Area 9 South Boundary-1-35E We:t Boundary-Highway 377 (Ft. Worth Dr.) North Boundary-Eagle Drive East Boundary-130 Avenue and Dallas Drive Area C W e s t a n d S o u t h Boundary-1.35E North Boundary-Underwood Street East Boundary-McCormick Street Area D West Boundary•Mosch Brarch Road North Boundary-Jim Crystal Road East Boundary-11.35 and I• 35W South Boundary-City bound ary _ Area E North BoundarySyc&more and Hickory Streets South Boundory•Eog1e Drive East Boundary-Bell Avenue Wasf Boundary-Elm and In du•lrlal Streets Area F North Boundary-East McKinney Street it South Boundary Eest Prairie Street East Boundary-From the Intersection of East Prairie Street and Bradshaw Streets, North to East McKinney Street `Wost Boundary Bell Avenue Area B South boundary-1-35E. West BavndiryHiphway 777 IF; 1. Worth Dr.) North Boundary-Eatile Drive Evil Boundary Bell Avenue and Dallas Drive Area C West and Sou 1 h Boundary - 1 35E North Boundary-Underwood Street East Boundary McCormick street t Area D Weil BoondarY-Mosch i 4 Branch Road I!I North Boundary-JIM Crystal Road East Boundary t'.S and I- 35W 1e South Boundarv-171, hound ary Area E North Sound&rySycamore end H I c kor ifStreets East hBoundaryBell Avenue e west Boundary-Elm and In dustrial streets Area F North Boundary•East McKinney Street South Boundary-East Prairie Street East Boundary-r-rom the intersection of East Prairie Street and Bradshaw %treels, Nurlh l0 East McKinney Street West Boundary-Sell Avenue Area 0 West Boundary-DunCan Drive E a s t a n d N o r t h Boundary -Kerley Street South-Shady Oaks Drive and Willow Springs Drive Area H North Boundary-Spencer Road Wail boundarv,Woodrow Lane South Boundary MK and T Railroad East Boundary-LOOP288 At" I North Boundary-Pecan Creek South Boundary. 13SE East Boundary•Mayhitl Road (except that section of Malihllt Road not wntthift the City limits of De which case, the East bound ary of Area I Is the City limit line) West B"ridary•1.000 218 Area J - North Boundary-Denton City Limits line SOUM Boundery-Highwalt 77 East Boundary. Bonnie Brao Street West Boundary-Weil pro- Ppeerrt , line of a tract of land beiongina to Texas Instrw ments At ,a K South ISourA ry-Lying 23T north Of Ea. t MCKlnney Street West/North & undary-East side of Audra Le ie extending east and north East Boundary-( eginning in the westerly tin ! of Mack Perk and et tending northerly for a r Istance of approximately )1)0' to Its intersection w(ih Audra Lane. A map Of 7nese bot ndartes is posted at City Hail at 21S E. McKinney. If You .eve any gV2s11005 concerr.'ng the public nearing or blighted area designations, please INTH E N1ATTER 01' CITY OF DENTON CHARLOTTE ALLEN I'II E STATE OF TEXAS Roy Appleton, Jr. (:aunty o[ Denton being duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the following dates: A-1 NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION 150 lines $60.00 MAY 259 1984 Subscribed and si orn to before the this 25 clay of _ MAY \ 84 Witness my hand and official seal. Notary Public, enlon County, Texas 1'l'fILIE I 210TtCE OF PUruC F:}il Fill. N,r. 3 SONTEMPLATED CAPER ANNEXATION I\ NOTICE IS H8RE8Yi I'IIF M 1T'T ER OF THE O1VEN 70 ALL INTER j ESTED PERSONS THAT: The City. Of D"W, Texas. prppOSe} to Instilule anMxa• tion proceedings to abler Ine boundary limits of sold City 10 acd the following de- scribed territory 10 the cOr poste limits of IM City of Denton, lo-wit:' All that certain tract or partel of land lying and belfig spurted in the County of Penton, Slate of Tetras, being part of the 0. Walker AFFIDAVIT OF }'L w,isiv R TO Stiriey, Abstract No. 1]]0 PUBLICATION OFLEGAL:\OTICE and, being mera partkularly described as follows: _ gECi1NNMO, at a point in the' pr jent city limits as M14bilowd by Ordinance No. 74.416 said point lying In 1`114 F'ilr•d Ihr• eql boundary JIM of a tract cqr~ eyed 10,Lagoa And l9 to4idle sfdflrwa by deed ro' corded In Volume Mt page uY of .die oead .aecerda Of Denton CeuntY;'Texat sold point oho' lying it% a north and seulh road ir4tOwi1 N SWhtNr Road; THENCE Hord.' '4 dweas 1S' west ale tfre'sald pres- ent city limih. passing at 1169.&4 feet #0 writ bound. art, line of said Huffines tract, santa being the east OOY Sfy'llrW p~ a tract too-,4j; W to Oak Scot, F1Ve, Ltd.'by deed recorded in l7rputy Volume lilt, page 44 M the De4d Records of Denton COVMy, Texas, and continu- " far a total distance of `11124.17 feet 10a point In the a ,corner, said point southerly b0undcry line Of a4id kart, same Doing the nortwly fighlol-way line Of the M.K.7, Rallr"d. said point also lying In curve to the Mfr with a radius of IS4.69 feet, central angte of 1 dRgree SS122" and a chord b north 71 degrees 69'34" wfrst $1.88 teen THENCE northwesterly o jpId, curve to 1`M felt an art eistdrrft of SIM feel to a point; ' THENCE north 72 degrees 4PlY' west a distance Of 21,3.16 feet to a Pont for a corner ;ame, beif.g Lha awuthww torw of said Os -Scott Fiw. Ltd. tract; "N CE north 3 degrees 36' w7yyest along the well boundary line of said Ifact, a distance of 1S"" Im to a point Ior a cornorsame btir file northwest corner M said tract, said point lying in an east and west road ktwwn as Page Road; ' THENCE south ►3 degrees *47" east alOpg the rw in b4unQary line of Bald tract and in said rod a distinct of "At feel to C. Point for a coiner, some being the oxlhoat corner of , said Oak Scon Five. Ltd: tract ltd ttti ~1.ceritM' of tf Kt, Wme Da'n9 the Nsf bu 11111i line Of a frict conveyed to Oak Scott Five, . 1~)rpuls r Ltd. by deed rK~ of 1M ~S! - Volume lll2, page Deer: Records of Denton County, Tares. and COnlinu I" for a total distance of 111617 feet 10 a POnnt POP a corner, said palnf ly IN In the southerly boundary line Of sold tract. Same being the northerly fight Of way lints the M.K.T. Railroad, satr, point also lying ,n a Nlrv,~ of the left with 1544,69 feet, centre. angle of 1 degree 5514" and a chord Of north 71 degrees 41'34" west 51.80 leek THENCE northwesterly along sold curve to the left on art distance Of 51.94 !tef to a point; THENCE north 72 degrees 4711" west a distance of 21S. 16 feet to a point For a corner same being the touthwesl CO(W Ot said Oak•Scol" Five, OdAract; THENCE north 3 degrees 56' ~.~..w....o..~......++.. - - all., west along the west boundary tine of said tract a dif4aMe of 1593.66 fee to a PgIP 9 a t70rnar 3ar" C'GW If~e hw»f corner of said }aid. pplnt IYIng M an. Nail Ind wee' 1 rdad kinto t 411 P064 Booth.' 3:' T AN GE South 16 depress east afORp.the norJt+ y,lkte saW Iii at>Q 1alA rri t b' Lli' diff foe a ~1 les blo t t toy a same being the ra~ ash , faenSr , sa)d ctfrit~ a wI in" fact; -404 E saAh i 6(WP" 61' fast along IN north boundary line of said 1i fines tract and to said road a distance of 1112.2 test t0 a point tar a Corner same being tM nortNest corner of said Huff Ines tract; THENCE south t degrees W west along tM east boundary Ilse Of said Hutfines tract and in sold Swishy Road a distance of 1".2111 feel to the place of in prod cnn- }Nning.il.a/ acl`es of land, mere or less' ' A Public Hearing will be held by and before the City Council of the City of Denton, Texas. On the 22nd day of May, 1984 at 7:00 o'clock P.M. In the City Council Chpmyers of the Municipal BUIMIA9 of the City of pen, ton, Texas, for oil persons Interested in the above ii ;+osed annexation. At said lime and place • ail such persons shill haul the rlgM to appear and be heard. 01 all field matters and things, all persont fnfere fled In the things and mailers herein mentioned, Will take notice. A Public Hearing will be held by and Wait the City C,fvnell of ft City of Denton, Texas, on the , Sth day of June, 19141 at 7;00 o'clock P.M. In the Council Cham- bers cf Of Municipal Suild- IrKi of the City of DenMA, Texas. for alt persons Intef- ested In 11M above Proposed annexation. At said time and place all Xh persons shah have the right to appear and be heard. Of all said matters and things, 4111 persons Inter "sled In the things and mat. ters herein mentioned, will take notice. Richard 0. !ofewart Mayor City of Denton, Texas ANSI: Charlotte Allen tity Secretary IN THE MATTER OF CITY OF DENTON CHARLOTTE ALLEN THE STATE OF TEXAS Noy Appleton, Jr. Counly of Denton being duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the i ttached notice, and that the said notice was published in said paper on the following dates: A-2 NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION 121 tines 548.40 MAY 25, 1984 Subscribed and sworn to before me this 25 clay of _ MAY .1119 _ 84 Witness my hand and official seal. _ Notary Public, Denton County, Texas As MT"O/ PUBLIC NEARINOON 1{1 1;1 CONTENIPLATEO \u. ANNEXATION 1st-)II•I( NOTICE IS HEREBY PAPER GIVEN TO ALL INTER WEDPF.PrONSTHAT: IN TIIE MATTER OF"TIIL The C" , nnton,.T•xas, proposes to Inslime &"I&- lion proceedings 10 alter the boundary limits of said CRV to add the lollow•irig de- scribed Itrrltory 10 the con porate limits of the City Of Denton. to *It: Ail that certain tract or parcel of land lying and being %;fueled in the County of rlanlon, state of ltaas, being part of the 0. Walker sower, Abstract No. 1330 IFFIDAVIT OF PUBLISHER TO and being more particularly r described as fol lows r E BEGINNING of a Point In PUBLICATION OF LEGAL NOTICE 168 present city Ilmlls. said point being in the east boundary lint of the tract described in Ordinance No, f N 11 third tract and In a Filed Ihr rwlh and south road known as Swisher Road, said point also being the _southwiest 19-. cosier N a tract Convoyed t0 George uonjon by dead re. J corded In Volume 6", Page 100 of fen Deed Records of _ Denton County. Tar as i THENCE north t degrees 4w east along the present city limits, same being the west boundary lane of said Stanton Tract and In said road, passing at 461,31 feet the owthwesf o1 said Stanton Tract, same being the southwest corner of a tract conveyed to Robert W. Beene fl De pu t y by deed recorded In Volume 611, Papa tit of the Deed Records of Denton County, TTaxes and Continuing for a Vy al distance of 535.3 feet to a Point roe a cornea' HENCE aolath $0 degrees lea east along J ten north Wary IiM of said Beene racl a► 9h1411ce of 14431.5 feet the t tlhNe1 comer of tract t THENCE south I degr•c 34, west along the east bouhdafy Itne of said Beene tract past., 'at 468.0 feet she southeass corner of said eNne tract same being the northeast corner of said Stanton Tract and Continuing lob • total dislanve of 535.1 feet to the southeast corner of said tract; THENCE north 14 degrees 18' west along the south boundary line of said tract a ms+anc• of 16314,05 neat to the Plect of ("mining and cone Wring 40.0 , acres of, land, more or lesut, A fiubllc Hit ring Will 1be litid by' nod before tlae City =11 o~ A1I City of bepfon. alas, e+i the 1 day'of Ply 't" Ci7:00 o'clock ty Count . In C ambers of Mae municipal 0 ilding "d the City of Den. 1011, ,T4x&L - for all Persons Interested in the above pro- posed annaxatbli At, said time . and , place all such persons shell have the righl 1o appear anal be_peard. Of all said matters and things, all Persons Interested in the things, and matters herein mentioned, will take 6M ice. A P41Nle Haartne wiu ha, e,arw All that cerlaln tract or parcel of land lying and being situated in the County of Denson. State of Texas, being part of the G. Walker Survey Abstract 1130 more Abstract Na. particularly r and bei 1F'I'IU:11'lT(IF'laCl3l.ItiliF:K'FO `0Wri dalfollows ItrL'.l(::"flO\ OF' I.F,G:11.NOTICE BEGINNING at a point in the present City limits, said _ a point being in Me last boundary lint of the tract deKr,bed in Ordinance No. Ilan N 17 third tract and In I Filed III north and south road known at Swisher Road, sold point l9 also being the ,WWhwelf fOror of a tract conveyed 10 George Ssa ion by deed re, 1 corded M VrtlvnM 6011, Page I 00 of pw Wad Records of Dan to County,TexN: 'THENCE north 2 degrees W fait along IM Prow, city ' - krniis, same being the well bour4ary line of said Stanton Tract and In said road, wfhw wl tst tof 167.3 sold f Stanton Tract, tame being she southwest cores of a tract DYpUiy' conveyed to RobartW. Been lZ~ - by died re,0rd4d In Volume Sq, Page 212 of the. Wed Recorda of Oenlon County, Takes and contlnuinq rot a *&I d1►twKo of M.3 teal to a point for a ctrmri THENCE WUth U 6ogree6 U' tap along •lht north boundary lint Of "Id bsene Tract a }istance of 14123.5 feet 10Ilia n jt1ANsl corner of mlu tractI THENCE soutkt degree 34' west along thi cost boursdaly line of sold 6fene trace passing of 261,0 feet the "thtatt corner of said 6prw tract same being IM norMeatt corner of said Stanton Tract and continuing lo{ a total distance of $35.3 feO to the southeast Corr,. of said tract; THENCE north $0 degrees It war Ilong tha south boundary lint of said tract a E - distance of 1632,05 lest to the place of peginninq and con. Paining 20.0 acres of land, more or less, A Public Hearing wilt be held by and Wort the City Council of the City of Denton, Tetras, on the 72nd day of May, 19,114 at 2:00 o'clock in the City Council cambers d the Municipal 6Dlalno of Ma City of Darr I^ Texae, for all persons Inferealed M the abovt pro- POW annexation. At said lime ~ and piece all Such persons shall have the right to appear and be heard. Of all mid matters and things, an persons Inlerested In the things and matters herein meM toned, w11) take notice. A Public Hearing will be held by and before the City Council of the city W Denton, Texas, on, the Sth day of June, 19641, at 2:00 o'clock PA 4L tjtt CovncW Cham- bers of fix' Municipal Bvilo- klq of fha City of DeMal, Texas, for all persons Inter ~1tad~ 10 the above proposed thrtikafion: At Said fime and plate ill such WWns shalf a" the ripfif to appear and Oi heard. Of all sold matters and thhtgs, all persons infer. gttd In the Mingo and fiat- lays hweln mentioned, will 'aka "lice. Richard O. Stewart Mayor City of Denloy4 Texas AtMst: Chlrlotte Allen City SKrefsrv IN THE MATTER OF CITY OF DENTON CHARLOTTE ALLEN Tllh: STATE OF TEXAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the General llinnager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the following dater: A-3 NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION 290 lines $116 MAY 259 1984 r AA Subscribed and sworn to before me this _ 25 ` :lay, of _ MAY 84 Wilness my hand and official seal. L-A C Notary Public, Denton County, Texas Ht BLtc 1)TICEII1 F'ilr ~u. PI I' ' CONTEMPLATCO (IOM PAPER - - ANNEXATION NOTICE IS HEREBY IN TII F; )TAI-TER OF' TI IF: GIVEN TO ALL INTER. ESTEO PERSONSTHAT: The City of Oenlon, Tares, - eoposes to Institute anne n Proc"Coings to after the ary ' *Ikl the I following CCo-- ,Icrloed territory to the Coe. aft limits of the Cill w i AB •I 'Si that cerlaln' tract or a lard tying and bN Situated In the County a O"fon, Stale of Texas, AFFIDAVITOF' PUBLISIIER TO SlimForre,st s ~rect No. 411 and >l'IILI(::AI'IO\ OF LEGAL NOTICE a~fows: rly described BEGINNING at a point in f ft present city limits as established by Ordinance No. rla ~ ' 6e 40 Tract V, said point Filedlilt• tying u0 fset south of and t~ M Of U3. Highway c380 _.19 And In the east boundary floe - of Lot 6. Block A of Ine SVbdIVI91on of said survey; THENCE soutt, along the east boundary fine of said s Lot 6, P41M Its southeast corner, same being the northeast corner of Lot It, and passing "the southeast corner of Lot 12, and passing the northeast caner of Lot 5. Block B and continuing to the southeast caner of said Lot $ to a point for a caner; THENCE south M degrees 49,20^ 0051 passing the Ry . Deputy northeast corner of Lot 12, Block B, Po~1 no the north. wesl;foinge'61 Lot S, alock E, std caMHAllIing for a total distance of 1111.00 feet to a War, aaat a distance of 219.94 feet to a point for a 2oF'naf; T ENCE souf? h degrees i njlw' east a .'dt once of u (Tat to e, point for a THENCE jd ifh U degrees 451)" east 'a distance of 122.50 feet to a point for a caner; THENCE south S degrees $S'W' 60-0 distance of -07.10 1"1.0 a point for a lj hdw to MM east boundary line of Lot Block E: THENCE south 4 degrees k' west along the east boundary line of Lot S, Blak E a distance of 1313.42 feet fo point for a caner, THENCE north 64 degrees 411"W'..west. along the south boundary line of Lot S, Block E 9 nt Ft0 feet east of soum lfflweliaf•b/Lots. Block E; I 7H E N C aouM 1 d*fryes 01, rresf 500 tef,t' 0691 if and WIS1101 to the west boundary fine Of sold Lot 1; Block P, a distance OT 1472.#1 feat 10 a point for a Corder, in the north bOuiduY tine of ) tract Conveyed to McOonnell En. fer Prim by deed recorded in VohLlta 11". P81114631,01 the Deed Retosds of Oentoo County, Tilltasr' ^ ; r THENCLs's0letb ~ 4rees W4W ad'<a draw of 1N. -S W to a point (b9, a r T../N ,It/Yth N 4egra" aS'1a 1411 a dfiflytce w 731.30 feet to a point for • corner' THENCE'ylh ! degrees 1' Olstance of t Ifolnl for a tliw or L/f 1 / 44f boundary jT HENCE 10th 4 degreee so. ;wK18" it* out boundary IIM Of Lot 36 Stock E a dlstonae 91,1313.13 feel to a 1101'"1 14 degrees w THENCE c I --1530 Wos1.SWAP the south boundary IIM o! I S. Slack E tQ 1 nl 300 lees east of Block F~I"W W Lot S, THENC6iaoulh 3 deliies or WON $00 feet q V Of and P81`411111111 00 the west b.°rtdary ?trot of sold Lot 3, Block F, a dislanM Of 1133.42 feat 1o a Point for a corner in the north boundary line of 1 tract cwveytd to McDonneil En~ terprim1 by deed recorded In Vo'ume 1193. Page 651 of the Dead Records of Denton CovMY. Tekili THENCE south 37 degrees 06'13" east, a distance of , 769.54 feet 1o a point for a Corner; THENCE south 40 degrees 3613" east a distance of 551,34 feel to a point for a caner; THENCE south 33 degrees 35'03" east a distance of 371.11 feel to a point for a corner; THENCE. South 3S dottree6 33'76" weft a distance of T51,36 loot jo',0 omr for a r t THENCE noT 34 +~Ipra" 3110" east dtEt a of 351.73 Itat td'1'ItOinl 00r a corner: THENCE south 0 degrees 11'09" west a distance of 439,63 feel to a point for a corner' THENCE South 3 degrees 37' west a distance 01949 66 feet to a point for a corner: THENCE south 3 degrees 39' 37'4 west a distance W 435-21 reel to • P0161 for a corner s THENCE south 7 degrees 04'171 west a distance of 49/.16 toot 1o a point for a corner; THENCE 81 deg'ees 33' 44" west a distance of 1023.43 feet '1o i polnl for a corner; THENCE moth 64 degrees 50'47" west a distance of 407.19 feet to a point for a corneri ' THENCE north 7 degrees 13'36" east along the west boundary NM of Lot 7, some being the east boundary line of Lot 6. Block F of said wbdivlsion, a distance Of 706.61 feet 16 a Point for a caner; THENCE north 3 degrees 1113" east along said tot lirws a distance Of 3177.77 feat 10 a point for a corner same Oeh1g iM northwest corn of lald lot 7 and the s"I' l 6f Corner cf Lot 1' THENCE Wth O6 deuroo Zitp„ *W along the South boundary'IIMbf Lot 1, pats- lfi at'1393.S3.feet the wUlh"t corner,of Lot 1, same being the wasterty southwest corner of said Mcoonneli tract and the east boundary IIM of a north and South county road, known es Giissom Road, and c9Min0- ley tor,. Iola) distance of 14P2.3 feet to a Point for e cdrW M GrlWm Road r TH9NCE north 7 degrees 3r3i" east in said OrlssOm Road a distance of 53S,101011 -s,,. mTal iar a corner' cprr~ told, lot 1 &W the wfoyylh6 corner Qf L91 fir TH E hIC [ ~OrM 06 'degrees 23'10" WOW along tin South boundary lkta'of Lot 1, pass lep of 1193.23 feet the southwest WW of Lot 1, some blind westerly southwest corner of sold McDonnell tract and the eau boundary line of a north and "th county road, known as G(ISSOM Road, and c9nll,14)• inq for` ji 100411 .aislance Of 1113.7 feet to a pcinl for a corner M OrIMM Road; THItNCE north 2 degrees 21'3#" test In said Gricsorn Road a distance of 52S.40 feet to o ppoo I nt I0r a corned THENCE soufR sa degrees 04l9" east passing at 30.0 feet the east boundary line of said Grissom Road, same being the west boundary line of sold McDonnell tract, and conlinoing for a total oil- lance of 681,11,11 feet to a point for a comer; THENCE south 36 degrees 12'01" east a distance cl 739.13 feet to a point for a corner In tin east boundary line of lot I; THENCE north 1, degrees 3S' 20" east a distance of $42.4 feet to o point for Scorner; THENCE north 3 degrees 02' east a distance of 1163.65 feet to a point for a corner, Salve being the Wlhwesl corner of Lot 2, Block F. same being the northeast corner of Lot 1, Block F; THENCE north N degrees 19120" west passing the southwest corner of Lot 12, Block B, same being the southeasl corner of Lot 11, block B and continuing to a paint Ix a corner, said point being fha'„ Most southerly Southwest corner of a frict c6ALeyed to Mary Louse Bird, at at by deed recorded IA Vaiume 1033, page 213 of the Deed Records or c.nion County, Texas; ` . T`HISNCE north 3 degrees 57'40" east a distance of 616.17 Beet to a point for a corner; THENCE north 63 degrees IrtO"' west, a distance of 6►139 lest to a point for a corner; THENCE north a degrees 59'16" east passing fit 1612.19 feet the nvthwest corner of Lot 11, Aleck 0, slime being tin southwest corner of Lot S, Ble.k 9 and contini;ing for a total distance o1 1119.96 feet Flo fa point for a corner time being the rwthwestcorner of sold Bird Tract and the `northwest corner of Lot S. Block 9; .'TI ENCE north - along the west boi;hdary Irne of Lot 12, Block A, passing the north- west comer of said L61 12, ~ Bloc>5. k. Sam& being the saulhwasi icorner of Lot d, Block F end coMI6ulnO to 6 `pointf for a corner, Said point 1yR10 I Ry 11 Me 'present , city 'llrtljfS, sold point also bony 350 feet south of and perl+cl. 'dicutar b the cSnferli;, W, U.S. Highway 380; THENCE 660heasterly ;Tong thi present city Ilntits 150 feet south of and parallel to tAe. -cenlarlino of U.S. Highway an approximate distance of 1475 feet to the piece of beginning and con• tetning 322.26 acres of land, more or less. • vent 1910" wart passing the southwnt caner of Lot 12. Block B, same Wing the SOUlheasl caner of Lot 11, Black 8 and continuing to a point for a Corner, said point being the most southerly southwest corner of a tract fDnvtytd to Mary Louise Bird, of of by deed recorded In Volume 1031, Page 741 of the Deed Mecaus w a....... County, Texas; THENCE north 7 degrees S7'4g'• east a distance of 6x6.17 feet to a point for a cornea THENCE north 53 degrees 12110" west a distance Of 697,59 tat to a I. JAI for a corners ' THENCE North 1 degrees S9'a0" east passing of 101,19 feel the Norfhwast corner of Lot I1, 01k1t P.arro Detnp the wuthwesl der of Lot S, slack a and r~lnblop for a .tots etsfarke of 4179.96 last to a point tor a COMO tame being the northwest corner of sold Bird Traot and the northwest corner of Lot S, Black 8; 'THENCE north along the w4st boundary line of Lot 12, Block A, passing the north west corher of said Lot 12, 'Block A. same being the southwest corner of Lot 6, r Block A and continuing to e point for a corner, sold polnO tylog in the present env ilmils, said point also tv'n;i 750 feet vwlh of and peri,ai dicular to the ctnlerlin~. n: U.S. Highway 350; T;EHCE northesslerty along the present city limits 450 feel m1h of and parallel to the centerline Of O.S. Highway an approximate distance of 1475 feet to the pl of beginning and can- tatning 572.76 acres of land. more or less. A Public Hearing will be held by and before Iha City Coun.:il of the City of Denton. Texas, on the 72nd day of May, 1951 at 7:00 o'clock P.M. In the City Council Chambers of the Municipal 9yktria of the City of Den- ton; TTtxas, for all persons Irlsrhfed In the above Pro• posed annexation.. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, allpprsons Interested in the things and matters herein . mentioned, will take noNct. 'A Public Hearing will be held by and before the City 'Council of the City of Denton, texas, on the Sfh day of tune, 1951, at 7:00 o'clock P.M. In the Council Cham. ben of the Municipal Build- ir4 of the City of Denton, texas, for all persons Inter. Wed In the above proposed annexation. At said time and place all such persons shall have the right to appear and be beard. Of all said natters ono. th", all personi Infer- Mytld In the things and mat. 1F is herein mentioned, will t♦tlll natiCe. RlchardO. Stewart f Maya ' City of Denton, Texas Attest: Charlotte Allen City Secrelary INTHE MATTER OF CITY OF DENTON CHARLOTTE ALLEN THE STATE OF TLXAS Hoy Appleton, Jr. CauFit) of Denton being (filly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regrularly published for a period of not less than one year in the County of Denton, Texns, preceding the date of the attached notice, and that the said notice was published in said paper on the following dates: A-4 NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION 117 lines $46.80 MAY 25r 1984 Subscribed and sworn to before me this 25 day of MAY ,19 ~4 NVitness my hand and official seal. Notary Public, Denton County, Texas NOTICE Oi Pt)SIIC ' NEARINOON IIF, CONTEMPLATED TI CE 11} Fill. IIIAII ANNEXATION )NI PAPER NOTICE iS HERESY GIVEN TO ALL INTE't' 1\ IIF. CIA F'I F,11 OF. rIIE, ESTED PERSONSTHATt The City of Denton, Terns propoe: tg Institute aMSxa lion proceedings to alfer the DiounoarT IlmitS of said City to add the following de' scribed territory b IM cfx•i _ - If por64 limits of My City of Denton., lo• 1,1 : i All of that chain 9,01S acres _ of land, a part of the Samuel McCracken Survey, AbSITSO No. 111, M Denton CountY, Texas, and being a part Of the lS2.542 acres conveyed to A F F I D A V I T O F P U B L I S H E R TO Massey and Wilson by dead w record In Volume Jn, I11,7I3I,1(:,1T10\ OF I,F:G:. NOTICE Page %x . in @te Dead it* ! SOros of said County, and this 1 Irict belnq described by metes and hounds as fol taws: t 1 a Fihvlthr . 404INNiNOonMeeas1line of S&W I S2.54 ales tract at tho'soun,east corner of it.* acres conveyed to Pruett by {9 ,1-1 Of record In VO %:me 9 Dye 591, In the Deed Rr cords of said County, for the norfhtas ggrner pf this; SME tfI OS 1 ~ minuets 06 kconds west 179.4 nb i acrrees east linenorthofSaid car limit line of the city of Denton. Texas, whkh runs parallel to and ao0 feet northeasterly of the ten feeling of proposal Loop P's. , 204 for the southeast corner p' f t h. 4 1v a; t nrhuly JHf NCE north SJ degrees 11 R) rnlh il" SS se wit 0.01rie1 ~+h1I Aid mW-1t4asf chit not ; to an Internal corner of 4am city limit ling which N `leef southeasleely Of at I) (I alpha to the contort ino [rf man Drl" or F.M. H orpNao. 426:0llis line Walgright Ongli irom the enterline 01 the proposed flglnafN~r t;,,1r fee southwest comer of this; f~NENCEnorthl!! ees77 trtlnw a Sltcortd~ a1{t X nnNaal~~1 IM_. a1 Wy S00 red of right angta Rom the centerline Or' F:M. Highway No. 418, to the north line of the remalrAcr of the 157342 acres mentloned above and the south line of the Pruett 11.0 acres men- tioned above for. IM n6ffh well corner, of this; THENC4 aoulh M dW40 So !7 saconda•Itasl, 1. _ _ tnln~tM pls~ofbe4 ng ; ►uj ►dM~e.r~ufge tit w, ld of Mte'tiN a , Tax an the Sth "y of JuZW , l"c'm. v- w a clock P.*, in , Vj the ply Cue~cn tNamba~s'o1 MuSklpal Iswldn14i`of Mfi cnraf'o.nion, Texas, for all persons intgras onM, the ihR Mid At ip[~ned snnexafbn. At said I e and place all such p+rsOM shall have the right to appear and be heard: Of a0 said matters end th;rZ%, N persons inferesld In the att ment kMd, wrill take notice. A Public Hearing will be held sv AAA hefnre thi"CHr A] I Of th-111 certain .01 acres of land, a parl of the Samuel ttcCracken Survey, Ab%lroV No. 611, In Denton County, Texas, and being a part of the t52.312 arras conveyed to Massey and Wilson by deed A F F I1)r' l T O F I' U I3I. I ti H E li TO of record In volume 772, PUBLICATION OF LF.GA1. NOTICE Page "3. In the Dead Rt cords of said County, and this tact being described by metes and bovnds as follows: 0901NNiN6on the •asfBne Fiiwithe (LIN of said In.5t2 acr• tract of the 'southeast corner of 11.0 acres conveyed to Prue" by deed of record In Voiwne Ins, 19_ - Page S91. In the Deed Re curds of Bald County, for the north ,If f;gr-ner Of this; TA t 4C 0 Mgm 07 rNyrees $I I mplutes 06 iecorlds west 109.4 with the eatt 1Irw of said I IS 442 acres to a northeast city Cmlt lire of the City of _ Denton. Texas, which runs parallel to m ' 600 feet ndrtheasterly of the ten for line of proposed Loo,) No. 2N for the southe•st corner 0 f I h. ~ 1i I, j ,THENCE north Ifdeg~ reds 11 ~1 Dfyluly mklutes as tx!Cl)f0% RJ.0 Met "Id northeast cfty IImil R to an internal corner Of ~saf! city limit line wAkh is $0 Net soulheasferly of at right angles to the centerline of, Sherman Drive M F.M. Highway No. 424.lthis line runnine ppaa alkl to and 600 feet et right angle from the cenferllne of the propose• Hlowa ' =t* 100.. Mfr the soutt+wesl corner of this: THENCE north 20 dgreH 71 CIPa1 011KOnda 1475.0 erese1 t 100'Watial • alas SW fast at right aftgle ffofn the centerline of F:M. Highway No. 40, to the north line of the remainder of the I52342 acres mentioned above and the south tine of the Pruett 11.0 acres men- tioned above for In* north west ctirne►, 01 Ibis; THENCE S" N dapree>ti tninuMS b satorlds'1ast,al2. feel k the piace ol•beg 00. A PUW~IC "Wing Irpl b• held tYdtatlacll of ft R Nf D Oily Texas, on IM Sth day of . 1g4,'at-7:00 O'cfOcx P.M, In 1 city Counclt CHamben Hof IM' Munklplt evIk" -of ?he City bl' Den- ton, Texas, for all parsons oVerest•d,in,the above pro- afnexa0an. At said I • and plate all such p•rsons "I hav- the fight to appear and be heard; Of at) said matters and things, all persons Interestd In the things amd matters herein mentioned, will take notice. A Public Hearingwill be held by and before - the ' City CpunclI of I" Cityof Denign, Te>fes, M 9th t9fblaay Of June, 1914, at 7;00 o'clock P.M. fn the City Council thamberf the Mwliclpal eYildln0 I1M City of DM• Ion, Taxas, for all, persons Pillar siled In the a" pro- gp•W annexation. At sold me end, plaice, ++!1 such persons shall hev+.{he right to appear and ba, hakd: 6f all'tatd mattn'if10' m'sis, all persons tefli In Ilia lhftt and Mick, nolice. RRk *d . Mayor City Texas ATTEST: " t~rbtli^IMiI; Clt~'9krttwir Mav 25.1l1/'~_ _ • IN THE MATTER OF CITY OF DENTON _ CHARLOTTE ALLEN I'II E STA`rE OF TEXAS Roy Appleton, Jr. County or Denton being duly sworn, says he is Ilse General Manager of the Denton Record•ChronicIe, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the following dates: A-1 NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION 150 lines $60.00 MAY 11, 1984 Subscribed and sworn to before me this _ Il day of _ MAY -$19 84 Witness my hand and official seal. y~Cl I \ IYYw'L~ Notary Public, Denton County, Texas IiFR r1oH1` '-.'ulatlc CE 11) Ftll• err. ~ con - +v ,,e~ rr AT I C - S- E f7 1 TER .r IN THE MATTER OF THE r tyY ; AFEDAVITOF PUBLISHER TO PUBLICATION OF LEGAL NOTICE y I,r,,c as - to 1 ` g1 F'ih'd Ih- rjac j F, F C-. I V. re ~ye'i, :r hlti;~; •r 36 C. rcc[. at ,'r Ir r4 s 1 !H'r.5 J irr r varyl n r, tn[ e,E1 I t Y ~.at of tr.,rt f'a Y { 0_4k Crr rl iJ11 `r br l'1, •t 3s re. rV'1:1',,;- 1,1,1 , of i,',;S tt (n,:t +'1 1 k; -1 for a j i•/rt~f, ~ n ~ : f11V:'n in Ir,C e, :q •r P':I. r trin0 the rt i'v 'a rt r:a l: r.• n)r1r: ti 1t:rra_s .14 ~1.i^ 1 Itl notb '~~y V" V,%t alprnj Ir t nrrTA t,m+.warY 1'~n; vt ta:'7 it Ml's nrr Gl r ! i, zAid Cl fIt ~%C: it feet to a.pslat For a corner, same b¢u,g Ihe f Or lte)SI COrner cf said oak-5[oR Pive,. Ltd. tract and file narlhwe►l,forner of a ri! I+vff'?es IrecU; T1:E r;i Scull{ degrees SY v51 tdon0 y north boundary line of id Hut lines tract %nd In salt~!! road a distance 01' 117: fkf to a L J •t ; r ~ ~ deputy r l ,l, ~C.1 a Sr t lir ;N .lt corner -c~ slid O6kg~".t Five, Lid. tract ,r,; ine northwest corner of S, 'es tract; T},C %:E so~''ih 4 degrees 52' wt along the north err:da 'y Ilne of sal t Hui +r; ct ;nd in s.--,id read ace of 1172 2 feel to r .r nt ice a corner same being ^e,theast corner of Sard 5 tract: ' N L tl CE _cct5 7 dc'greCS 06• v a •I along the east Mcntary V sa'd Huffines tract in slid Sbv7sher Road a ,'',tan-e of te65 78 feet to the U.ece of b;girn,n? and con- t, n:rg 81.14 acr<s of land, niorP V. i_SS A G..aP[ Hesrlnq will be held be art tcfcre the City Cou^,..l of tht Cay of Denton. II ic~a:, cn tre 72nd dry of rt r2, 1751 at 7,00 o'ciack r h,. in it-, City Cou"JI Ch+ nbers of the Municipal C,. -.i,,7 U I is City of Nn 11, Ttxar, for all persons ~rtcr,,Vtd i] !fie above pro u .d F'inrration At sa7d t, rre ann 'glare all such o9r '_0 Sh=II ha_c the right !p ;a5ar and Le heard. 61 > :a It me:ors and things, t 4, p.rr_rr5 ',r, cre.Ved in the t tj.ra5 a, d r 3tr;.rs herein rn,^wl,l lake notice q f i ,.,,c 1-,c 3ring will t.c retd by dnd belore the City Cou'cil of the Coy of Denton, Tt ms, on the 51h day of Junc, 1;5e, at 7:03 O'clock P.M in the Council Cham- br9 c' the 1,"llncipal Bwld Irg of tnc C,le of Denton, Texas, for all persons Inter- ested in the ewve proposed ennexatim At satd time erd place all wch,persons shall have" light to Wear and be heard. Of all said matters and things, all perwns Inter- esied in Me things end mat- t'rs herein mentioned, will rate notice, Richard 04. Stewart Mayor Cifyof Denton, Texas rrgrkr,t~ sllen d, c'r,?,ry t VAY 11, 1734 i IN THE MATTER OF CITY OF DENTON CHARLOTTE ALLFN TIIE; STATE OF TEXAS Noy Appleton, Jr. County of Do-mon being duly sv orn, says lie is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the following dates: A-2 NOTICE OF PUBLIC HEARINr, ON CONTEMPLATED ANNEXATION 121 lines $48.40 MAY 11, 1984 Subscribed and sworn to before me this 11 clay of MAY 19 - 84 Witness my hand and official seal. Notary Public, Denton County, Texas A2 NOTICE OF PUBLIC HEARING ON iIERI: ANN XATA" NOTICE IS HEREBY - ~ISIj~ Fitt ~u. _ P[ I3LI( GIVEN' IVEN TO ALL INTER- n-~P~ ESTEO PERSONS THAT: The City or Denton, Texas, Proposes es to institute annexa - I\ THE IIAYI-Ell OF TILE. tion proceedings to after the bol'rldary lirrrits of raid City 10 add the fotlow;ng de 6cribid territory to the cor, Porrre limits of the City of Denton, to-wit: All that certain tract or Parcel Of land lying and being situated In the County of Denton, Stato W Tis", being Part Of Its 0. Walker SvrveY, Abstract No. 1330 - ON being more Particularly descrfbtdasfollows: AFFIDAVIT OF PUBLISHER TO the BEGINNING a1 t & a point In ~ ein City Irma,, sold Point t being In the east PUBLICATION OF LF,GAL NOTICE boundarY line of !M tract described In Ordinance No. 84-17 third tract and In a rtOrM and south road known Filt'tl Iht _ AS Swisher Road, seW point Ihs also being the southwest Corner of a tract Conveyed to Oeorga•St nton by dw re- Corded In Volume 690, Pace 400 L the Deed Records of TH Texas, THENCE northr ii degrees 29, east along "W prtsent city limits, same being the west b0tmd8rY line of said Stanton Tract and in !aid road, passing at 767.3 feet the northwest of said Stanton Tract, same being the S Whwest corner of a tract CWVeved to Robert W. Beene by decd recorded in volume M. Pas 717 or the Deed Rt - ilvfsul~ ROCOrds of Denton Cm'nry, Texas and cont nutng for a , - 'Its) distance of 53S.3 feet to a point For a corner; THENCE south es degrees 10' calf along the north boundary line of said Beene Tract a disfdnce of 1673.5 feet E to the northeast corner of sa Id leach THENCE south t degree 3e' West along the east boundary line Of Said 'Beene tract PaeSing -411 766.2 feet u,e S"th411at caner of Sato Beef tract Sims being the northe Sit corner of said .Rfanaw trap and continuing for total distance Of 535.3 feet to the Southeest corer of said tract; THENCE north ss degree; Is' west along the south boundary line of said tract . distance of 1634, 03 feet to r.• Place Of beginnini and r~n- talning 20.0 acres Of 'ind, thOreorless.'.' - A Publk HtarlAg WIII De held by and before the City COWICII OF 11a City of Denton, Texas, on ff a 22nd day M May. MAI at 7:00 O'clock P.M. In the city council CMmbors of the Munlcipai Bulldirg of the City of rfen- ton, Ttxaii .for all pers..rts Inler"04 In the above Pro. posed annexation, At said time and place ail such parsons Mall have the right fit appear and be heard. of all Nis matters a.sd things, all pcrsord Interested in the thing; and Matlers herein mMtionQd, will takn notice. A PuWk Hearing will be held Count l of fha alt ,ihn.., . All that certain tract or parcel of land lying and being situated In the County Of Coon1co, State of Texas. being part of the O. Walker Survey, Abstract No. 1330 and being more partlcui..rly deurbedosilIN0w's: AFFIDAVIT OF PUBLISHER TO ne Pres nttGcity i milpoint n s, said PUBLICATION OF LEGAL NOTICE point being in the east boundary line of the tract described In Ordinance No. M-17 third tract and in a T11~, north and south rood known Filvd thv - as Swlshet Road, said point also being the southwest corner of a tract conveyed to , l9 George StMton by rived re- eorded in Volume 1p{, Page - - ' - f ago of ftte Deed Records of Oenten County, Texts; THENCE north S degree 2V esst along the present city limits, same being the west boundary line of said Stanton - Tract and in sa4 road, passing at 767.7 feet the northwest of said Stanton Tract, same being the southwest corner of a tract conveyed to Robert W. Beene by deed recorded is volume Drim-, Sat, Page 717 of he Deed Records of Onton County, Texas and continuing for a total distance of W. 3 feet to a point for a corner; THENCE south 88 degrees 1s' east along the north boumary line of said Beene Tract a distance of It235 feet to the wrtheasi corner of said had; THENCE South I degree 34' wrest along the east toundary Ilne of said 'Beene tract pasting of 260.0 1x1 the southeast corner of said seem Iracf ume being the northeast corner of said Stanton Tract andccntinuing for a total distance of 535.3 feel 10 the southeast corner of sold tract; THENCE north W degrees is' west along the south boundary line of said tract a distance Of 1L32.05 feet 10 the place of beginning and con - - - taining 70.0 acres of land, more or less. A Public Hearing will be held by and before the City Council of the City of Den10,n, Texas, an the ?2nd day M May, 19s4 at 7:00 o'clock PJd. In the City Council Chambers of the Municipal aullding of the City of Den* ton, Texas, for all Persons !nterested in the above Pro- pesed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all sold matters and Things, all persona Interested in thr things an0 matters herein mentioned, will take notice. A Public Hearingwill be held by and before the City Council of the City of Denton, Texas, on the Sth day of June, 1901, at 7:00 o'clock P.M In fha Council Cham- bers of the Municipal Build- ing of the City Of Denton, Texas, for all persons fnler tested In the above proposed annexation. At said time and place all svch persons shall have the right to appear and be herd. Of all said matters and things, all persons Inter• os,ed in She things and mat, revs herein mOntiorled, will take notice. R Chord O. btewa rt Mayor City YDenton, Texas Attest: Charlotte Allen , city secretary MAY 11, 19114 M THE MATTER OF CITY OF DENTON CHARLOTTE ALLEN TliE S'A'TE OF TEXAS Roy Appleton, Jr. County of Denton - being duly sworn, says he i8 the General Manager of the Denton ltecord-Chronicle, a newspaper of grneral circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the following dates: A_3J NOTICE OF PUBLIC HEARING, ON CONTEMPLATED ANNEXATION 290 lines $116 tlAY 119 1984 Subscribed and sworn to before me this 11 clay of __MAY 19 84 % itness my hand anti official .9eal. Notary Public, Denton County, Texas A-3 ilOHE PUBLIC ARINGON CONTEMPLATED ANNEXATION I I FR F(NOTICE IS HEREBY (,F. B1 Fill. No. IsL'I{LIC GIVEN TO ALL INTER PAPER ESTEO PERSONS THAT: The City of Denton, Teras, proposes to lnstituteannerr IN'I'II17 MA I"I'ER OFTIIE Pion proceedings to alter Ine boundary limits of said City to add the following Ce scribed terr'lory to the ccr- i porate limits of the city Of Denton,10-wit: All Thot cef•,In tract or parcel of land and being situated in the LounIY of Dent • being part the an. Forrest survey, Abstract NO. 417 and more particularly described 9EOINN.NG at a point In AFFIDAVIT OF PUBLISHER TO the rlshedl city Ilrnits a Nos PUBLICATION OF LEGAL NOTICE establ by 69 40 Tract V, sold point lying 3$0 teal south of and perpendicular to she cen- terline of U.S. Highway 3W Filrbl the ---_------_-r11s and in the east boundary I•ne W Le: 6, Block A of the subdivision of said survey: j THENCE south 81009 the 19 east boundary line of sold Los 6, passing its southeast corner, same being the northeast corner of Lot 112, st and passing corner of Lot 12, and passing the nortneasf corer of Lot S. Block B and contu:vint to the southeast corner of said Lot S to a point for a corner: THENCE south 1A :agrees 19'20" east passing the northeast corner of Lot 17. Block S, passing the no'""' West corner of Lot S, Block Rc_ Drpuo. E, and continuing for a total - distance of 1179,00 feet to a point for a corner; THENCE south 35 degrees 33,40" east a distance Of 31934 feet 10 a point for a corner; THENCE south 69 degrees ` 3Y10" east a distance of 423.45 feet 10 a point for a corners THENCE south 64 degrees 45",0" test a distance Of 329.30 feel to a point for coder i THENCE south 3 degrees Sylas, f dlsf4rK11 Of feet to apoinft for a corner In the eels boundary IIns of Lof S, block El YHENCE sough 4 delRea Sr' well ebng the eat t;0undary Ifne of Lot S, oil<% V a dlslance of 1313.12 fart, ti a point for o corner] THENCE earth 94 doo'eas ,4.20•' was sion9 the 66^ E A a orpoinIlre. of t SW Lot east d te, the s "wrest corner of Lot & Block E: TH E N C E aoutt+ 3 d+grea 07' wm$t Solt feet eat Of and parallel h the west boundary line of said Lot 2, Block F, a distance of 1431.42 feet to a point for a corner M the north bounder y line of s tr sct conveyed to A`rWnell En- terprises by deed recorded in Volume 1115, Page 651 of the Deed Records of Denton County, Taxes; THENCE south 37 degrees 06.42• east a distance of 369.Sa feet to a point for a corner: THENCE Wuth 10 degrees 3852^ east a dislance t THENCE sabllh 5~egrees,, A ss'10" east a disfarKe Of 587.60 feet to a point for a corner in the east boundary line 0f LOS. 13106 E' THENCE south 4 degrees 58' west along the east bo',rndary line of Lot S. Blfca E a ciislaru of 1313.87 feet to a point fora corner: THENCE north k degrees 49.20" west orlon3 the SMIh _ boundary line Of Lai L Block E to a point 50r, feet east Of the southwest either Of Lot S. Bi.ck E; T H E NC E south 3 degrees 07' west 500 feet east of and parallel to the west boundary line of said Lot 2, Block F, a distance Of 1477.42 feet to a 4 point for a corner In the north boundary line M a tract , conveyed to McDonnell Em terprises by deed recorded In Volume 1195, page 651 of the Deed Records 01 Donlon County, Texas; THENCE south 37 degrees 06.42° east a distance M 369.58 feet to a point for a corner; THENCE south 40 degrees 36'52" east a distance Of 551.36 feet to a point for a carter; THENCE swfh 33 degrees 35'03" east a distance of 278.41 feel 10 a point for a corner; THENCJE..south 25 decrees 22'?6" west's distance of 151.56 feet to a point for a corner; THENCE north 38 degrees 28'10' east a distance Of 256.73 feet to a point for a caner; THENCE south 0 degrees 14.09" west a distance of 459.63 feel to a point for a corner; THENCE south 2 degrees 37' west a distance Of 949.66 feel to a point for a caner; THENCE south 2 degrees 29' 37" west a distance of 435.26 feet to a point for a corner; THENCE south 2 degrees ' 04'27" west a distance Of 69886 feet to a point for a caner; THENCE 83 degrees 32' p" west a distance Of 1023.43 feet 10 a point for a corner; THENCE moth 64 degrees 50,47" west a distance of 407.19 feet to a po!nf for a corner; THENCE north 2 degrees 13'26" cast along the well boundary line of Lot 7, same being the east boundary line of Lai 6, Block F of said subdleiLiOn, a distance of 706.64 hN to a pt,inl for a caner ; THENCE north 2 degrees 48'25" east along said lot lines a dstance Of 2127.77 feel to a foinl for a caner "Tra the northwes' Corner Of Said Lot 7 and the southeast corner of Lot 1. THENCE north 16 dc1 26'40" west along the L boundary !ine of Lot 1, pass Ing at 1393.23 feet the southwest cornet of Lot I, same be0q the westerly sOuthwOSt COroer Of said McDonnell tract and the east boundary line of a north a,nd south county road, known as Grissom Road, and contbnlr Ing for a total distance of 1473.5 feet to a point for e corner In Grissom Rand; THENCE north 2 degrees 283$" Past in said Grissom Roa i a dhtance of $25.40 fe.l too pa'nf f x a corner; THENCE south 86 degrees 04'29" east passing at 30.u feet the fast boundary fine of said Grissom Road, acme being the west boundary iLne of said Mc Dori tract, and IV a puim,Vr a Carr eel THENCE. south 66 degrees 04'77' east passing at 00.0 feet tee east boundary line of said Grissom Road, same being the west boundary fine of said McDonneil tract, and continuing for a total dis- tance of 661,96 feet to a point For a corner; THENCE south 86 degrees 17'07" east a distance of 79.33 feet to a point for a caner In the east boundary line of Lot 1; THENCE north 1 degrees 35' 20" east a distance of $87,4 feet to o point fora corner; T H E N C E north 3 degrees 07' east a distance of 1163.65 feet to a Point for a corner, same being the northwest corner of Lot t, Block F, same beirg the northeast Corner of Lot 1, Bock F; THENCE north 81 degrees 19'70" west passirg Ire southwest corn.+r of Lot 17, Block B, same being tie sOuthldst Corner of Lot 11, Block b and twining to is point for a corner, sold point being the most !putheriy s31u wt~'"esf ~OfliiY"tt 11~~ru7f~" B~d~tyf of by deed retdrded rn Yolurtte 1055, pas*; T!1 IN Deod 2ecorde. of of QOato f County, Texas; THENCE Ill 3 degriis' 57'40" east a distance of I Udl feet to a Pi for a Comer: THENCE north q degreee 17'10" Wesl a o'sfance of 6,leet to a point for a THENCE north a c'eSreee S9'40" east passing at It17,1t fedf the northwest corner of Lot 11, Block B same being the, southwest corner of lot Block B and continuing for a s total dLslancilof 6150.96 feet r to a poihl for a Corner same I being thd northwest Corner of, sold Bird Tract and tee, 60rthwesf corner of Lot S,I alack 8; ` e THENCE north along they west boundary line, of Lot 12, Block A, passing the north-i west corner of Said Lot It,- Block. A. same being the; WlHhweSt Corner of Lot 6,• 810C+ A and continuing to e; Point for a cor 2r, said point. f intr. in he present cityi IRI' $all point also being, 1S0 feet south Of and perpetv'l dlcular to the centerline of; U, Highway W., f THENCE northeasterly'. W tee present city limits am leaf sou In of end pare ~7l1 to the Cen famine highway " aPPrarbrata distance of 1175 feet to the' Place of be 91 ning and con- taining St21o acres of land„ more or less. A Public Hearing will be held. bY' and before I the City. Connell of file city of Denfan, Texas, on tee 72nd day ofa MaY, 1911' at t;Og 0'1001' P At• In tee City Councils Ch01" of the Muh,cipal• avoiling of fee City of pen : Mri Tax$$, for all persons. Interested in Ihi above pro-: Poled anrtesat!an At Said% riffle and place all "such ° aiSOns Stott have tote right: 10 epde;r and bb heard, off Oil sold matters and things, ill Detfoftl Inferel in theil f ifti Qnd '060" herein: "*tIoned, W1II tuff nntlCe. i Mublk Hearing sell) W Mldd DY and 'before the Clh,. ~*ll of the City of Denton,. a9 20' west passing the soylhwesl caner of Lot 17, Block B, same being the souiheasl Caner of Lot 11, Block B aM CWIM[ng to a point for a c~, said point bok q Pa. nfpfll st>♦11 11 i3iffhWev ctltt oonytyed to Mary lsufsa, Bird, at al by deed recdrded , in Volume 1013, paae.iA of the Data Records of panfon County, Texas; THENCE north 3 dogreas 57'60" east a distance CO 6413 feet to a point for ■ Corner: THENCE norlh 83 degrees 12'10" well a distance of 69339 feet to a point for a corner; THENCE norlh 4 degree W40" east passing of 1112.19 feet Me northwest corner of Lot 11, Block 6 same Defy' the seuthwesf corner of tot S, Bock B and confinuing for a% ~ fotrfl dislanco'of 4139.%feet to a point for a cbrner same being fhf northwest corner of sold Bird Tract and YA. northwest corner nt :,i S.~ clock B; . 10 THENCE north it ; me - west bofrl nary line of Lot 12, block A, psssino the north- west cores of said Lot 12,6 Block A. Same being the', southwest corner of Lot 6,• Block A and conlinufrlg to a. point for a corner, said point lying in the present city i limits, told point also being 350 feet South of.and pcrpers-' dicular to it,* centerline of. U.S.H19hwaY390: r THENCE norlheaslarJy' along the present city limits 350 feet south of and parapet to the cenferlfno of U.S. Highway an appraximata` distance of 1175 feet 10 the place of beginning and too- taining 322.76 acres of land,; more or less. A Public Hearing will be held, by and before Ithe .City. Collincil of the City of D~, 0 Tetras, on,the 32nd day of. Mayo .39114 at 1:00 , o'clock', P.M. In the tify Council Chambers of Me, - T:Ipalf WIdt" of the Cit~ pen-9 W, taxes, for all Offwns* lileresied in the above pro-; IMed annexation. At safd~ time Arid place ail "such *s6ne shag nave the righ" to 1004or and it* Merd. ClW all sold matters and things,p all persons Interested In tffe•' things and matters herein'- M6ni Toned, will take notice. A Public Hearfoo will be held, by and before the Cify- Calncll of the City of Denton,; Texas, on the Sth City of* Ju1N, 1914, at 7:00 e'cfock." P.M. In the Council Chem-Al bets of the Municipal Eulfd-0 Ing of the City of Dalton, r Taal, for all Persons inter-of ,fthd In the above prCV*Sedo, 4wicafforl. At said Jima arld t piece all such persons *hall e, I have the right to appear and be heard. Of all said mattersoral things, all parsons Inter-01 listed In the things and mat-'.~ Wis. herein mentioned. will. take notice. Rkhord O. Stewart s Mayor City o! 0"", Texat hAirf C C harlotle Al ten C Ity SecraWy MAY 11, 1964 , INI'll E MATTER OF CITY OF DENTON TI I E STA'L'E OF TEXAS Roy Appleton, Jr. Count), of Denton being duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a p, riod o: not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice seas published in said paper on the following dates: PROPOSED STATEMENT OF COMMUNITY DEVELOPtfENT M E -TIVFS eNn oan irrTCn ..q OF i FUNDS 124 lines $49.60 AY 2 Suhscribed and sworn to before one this _ 21 day of MAY 9 84 Witness my hand and official seai.~-~% Notary Public, Denton County, Texas III:IU: PASTE 'I'HE NO T1( H: I31 ru, . . I$1 ]JI.I(7 VrIO\ 1:1.T FRU1( P:1I'F:I>i I\ rin'MA17ER OF THE. t. Demolirip. s3d,aoo 1 PROPOSED STATEMENT 1 Demolish and remove wb I OF COMMUNITY standard structures that com DEVELOPMENT tribute to the deterioration of OBJECTIVES neighborhoods. ANDPROJECTEDUSE Objective: To arrest de OFFUNDS terioration of targeted Tha objective of the City of neighborhoods and eliminate Denton's Community Dever major health hazards. . opmeni Block Grant Pro- J. Street Improvement pram is to support activities $200,000 which are directed toward Realignment of the intersec- thespecificoblativeofdev. tion of Robertson/Wye/ AFFIUAVITOFPUBLISHERTO elopmeht of viable urban Jackson Streets, construction communities by providing of curb and gutter onapprox- PUBLICATION OF LEGAL I\OTICE decent housing, a suitable imately 12M feel of Rob living environment, and erison Street and the con expanding economic Oppor- struction of sidewalks in this t unity, principally for area. per sons of low and moderate s Itrcucttururee: to to Improve F'ih•illht Income. The City anticipates structure; the receiving approximately passage of traffic, and to r $611,000 for its 19Si program improve pedestrian safety in yeaf Proposed activities and a targeted neighborhood 14_ objectives are as fotkvys: I. Street improvement $23, too ' 1. Housing Rehabilitalicn Paving improvemeAly along $73,006 a portion of East "V*air,e Rehabilitate substandard Street * - - 7aus^s inhabited by IoW orObiectin: To kill a"'r moderate Inco.he personsslandarJ infrastructure in living In thecity. 0f2eted areas as a parr of Objective: To bring existingthe process to stabilise - housing stock into compli neighborhoods. 7,000 i k ante with housing code anal, planning 13sru 7,000 _ arrest deterloratingpata gathering, neighborhoods in the targetanalys,s and preparation of area, plans for carrying out and 2. Redevalopment of Fred evOuatingprogrii s Moor Park 171,1200blectlvc: To provide a Deputy Subitantial imP fOveio,ents to more ac,;arate planning and the addition of new process in order to of recreational facilities within fectivelydeiiverservices. the targeted area. If. Administration $92,932 Objective: To Improve the Program management, quality Of life and promote coordination, monitoring and .telghbofhood stabilization In`ev6luation associated with thetargetedarea. carrying out eligible grant 2. Acquisition $59,117 activities. Acquisition by purchase,.A total of approximately 15°6 lease, donation or otherwise'.of the funding listed above of real property (located in ~lvrili be used to benefit low project area) for The Purposeland moderate income . of demolition of subvwdari. persons. Any citittns Of structures and/or corverslon yra/DS wishing to comment of nonresidential use,., to res- on the proposed community idences for low and moderate Development Block Grant incornepersons. projWs should contact the ObleNiw: To Improve the city Of Denton, Department quality of life in the targeted of Planning and Community neighborhoods and provide D e v e l o p m art, 215 E. decent and affordable hour. Denton, Texas } Ing. 76201 or Phw 05666350. 98 May 20, 1! Sening the cities of Brian, Denton, Garland & Grecnvilie. b 1s, JUN May 31, 1984 Mr. Chris Hart~jng City Manager City of Denton 215 E. McKinney Denton, TX 76201 RE: TMPA Rate Adjustment Dear Chris: As required by Section 7 of the Power Sales Contracts ("Contracts") executed on September 1, 1976 between the Cities of Bryan, Denton, Garland and Greenville ("Cities") and the Texas Municipal Power Agency ("Agency") this is written notice of an adjustment to the rates and charges to the Cities for power and energy delivered to the Cities by the Agency. At its meeting on May 31, 1984, for which proper public notice as required by law was given, the Agency Board of Directors considered Resolution No. 84-5-4 entitled "A Resolution by the Board of Directors of the Texas Municipal Power Agency ("Agency") Setting Rates and Charges for the Delivery of Power and Energy and for Services Supplied." After determining that the proposed rate structures are in the best interests of the Cities, the Agency, and the Bondholders, after finding, as required by Section 7 of the Contracts, that the proposed rate structures are non-discriminatory, fair and reasonable, and adequate, and after finding that all the required conditions existed for the establishm nt of the rate structures, the Agency Board of Directors passed by majority f6te Resolution No. 84-5-4 (copy attached), The interim schedule of rates and charges, attached to the Re" -olutian as Exhibit "A", shall be effective for all power and energy delivered in June, July, August and September, 1984. The permanent schedule of rates, attaches to the Resolution as Exhibit "B", shall be effective for all power and energy delivered on and after October 1, 1984, until changed by action of this Board of Directors, absent proper and timely objection from a City or Cities. Texas 111anicipal Power Agency P.O. Box 7000 Bryan, Texas 77805 1409i 873.2013 Please do not hesitate to contact me if you have any questions concerning this matter. I certify that this notice has of this date been simultaneously mailed to all Member Cities. SIGNED this 31st day of May 1984. rC3 Ed Wagong , eneral Manager Texas Mun'i"cipal Power Agency ATTEST `Yn CvLG~C2 !£a Wanda M. Callahan Assistant Secretary Board of Directors Texas Municipal Power Agency RESOLUTION NO. 84-5-4 A RESOLUTION BY THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY ('AGENCY') SETTING RATES AND CHARGES FOR THE DELIVERY OF POWER AND ENERGY AND FOR SERVICES SUPPLIED. WHEREAS, the Agency is empowered by Art. 1435a, Section 4a.(g), V.A.T.S., to establish and maintain rates and charges for power and energy delivered; WHEREAS, the Board of Directors is given the duty, pursuant to Section 7 of the Power Sales Contracts ("Contracts") executed on September 1, 1976 between the Agency and the Cities ("Cities") of Bryan, Denton, Garland and Greenville, of setting rates and charges for the delivery of power and energy to the Cities, and for services supplied; WHEREAS, the Agency Board of Directors desires to adopt the rate structures attached to this Resolution, which structures are in the best interests of the Cities, the bondholders, and the Agency; WHEREAS, the rate structures attached to this Resolution as Exhibits "A" and "B" are in accordance with the fiscal programs of the Cities; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY: 1. That the above recitals are true and correct; 2. The Agency Board of Directors, pursuant to Section 7 of the Contracts, hereby adopts an interim schedule of rites and charges for power and energy delivered, and services supplied, which schedule is attached as Exhibit "A"; 3. That the interim rate schedule shall apply to all power and energy delivered to the Cities in the months of June, July, August, and September, and billed to the Cities in the months of July, August, September, and October; 4. That the Board of Directors specifically finds that, pursuant to Section 7 of the Contracts, the interim schedule of rates meets all the criteria established therein and specifically finds that all conditions set forth in Section 7 of the Contracts exist allowing the establishment of this interim rate structure; 5. That the Board of Directors, pursuant to Section 7 of the Contracts, proposes to establish a new permanent schedule of rates and charges for power and energy delivered and services supplied, which schedule is attached as Exhibit "B"; 6. That the permanent rate schedule shall apply to all power and energy delivered and services supplied during October, 1984 and thereafter until changed by action of this Board of Directors; RESOLUTION NO. 84-5-4 KAY 31, 1984 PAGE -2- 7. That this Board of Directors specifically finds that, pursuant t~ Section 7 of the Contracts, the proposed permanent schedule of rates attached as Exhibit "B" meets all the criteria established therein; 8. That this proposed permanent schedule of rates shall become effective on October 1, 1984 in the absence of proper objection from a City or Cities; 9. That the two rate structures considered herein are severable, and the validity or invalidity of one shall not affect the other; 10. That it is officially found and determined that this meeting of the Board of Directors of the Agency is open to the public as required by law and a public notice of Lhe time, place and subject matter of said meeting was given as required by law. PASSED AND APPROVED this 31st day of May, 1984. Avon Acker, President Board of Directors Texas Municipal Power Agency ATTEST• ArRansom, r. JSecretary Board of Directors Texas Municipal Power Agency EXHIBIT A (JUNE - SEPT.) 1. All kWh produced from the Gibbons Creek Plant that can be utilized within the Cities will be at a rate of $45.60 per mWh. 2. All kWh produced from the Gibbons Creek Plant that are in excess of the amounts that can be utilized within the Cities will be at a rate equal to the rate collected by the Cities for the resale of the kWh. I EXHIBIT B (FISCAL YEAR 1985) 1. Each City shall pay a monthly demand charge of $33.73 per kilowatt of capacity based on each City's percentage of prior year's net energy for load times the net capacity of the Gibbons Creek Plant of 390,000 W. The demand charge shall be payable on the twenty-fifth of the said month. 2. Each City shall pay an energy charge of $.01448 per kilowatt-hour for energy received from the Gibbons Creek Plant. The energy charge shall be based on the net energy supplied to the City as shown on the Texas Municipal Power Pool summary and shall be payable on the twenty-fifth of the mo W. following the month of consumption. 3. Each City shall pay are energy charge of $.00359 per kilowatt-hour for energy received from the Comanche Peak Plant. The energy charge shall be based on the net energy supplied to the City as shown on the Texas Municipal Power Pool summary and shall be payable on the twenty-fifth of the month following the month of consumption. CERTIFICATE OF AUTHENTICITY THIS IS TO CEPTIFY that the microphotographs appearing an this Film-11110 sfartlns wllh_ Y 19$4 _ -..._._and Ending with- MAY 1984 ~arr a4curate and complete reproductions -f the records of (Company and Dept.fITY OF OENTON CITY SECRETARY _as delivered In the regular cerise of bvalnefs for photographing. It Is further cerliRed that the microphotographic processes were accomplished in a manner and on film which meets with requirements of the National Bureau of Standards For permanent m1crophologropMv copy. Data produced. MrJo - Records CoMPPY 1/0 ILOWO) TECHNOLOGY AT (YWfM CM,N POMW ~ J P1ACEL,__fjg zkt yark 8M $ ate Arlington, Texas 76010