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HomeMy WebLinkAbout1982 I t i .,tom t, ~ I v k F t R a nG, , ~ r4' I z I M1 ~ 5. ~!I A r • 'Q„ 14 x. i Agreement Number SAS Institute Inc. Program Products License Agreement This Agreement is made by end between SAS Institute inc,, SAS Circle, Box M, Cary, North Carolina 27511 ("Institute 215 East McKinney Streetr Dentm qip- 8s 76201 and tt3e~' of nerytk:n Zlexasr ("Customer"). ilis 1, Subject of Agreemer i. The Insl tule agrees to grant, and the S' telephone or wr 1e. oo spIns ec titute ille of er li air d c i the inston, on rMm, Customer agrees accept on the following terms and e't ons, nal ncludi currecl gram Prsoduts e llnPP'sl listed In Suppllement 11 to this e In i4lAgreement and or to offer suiggestionsPallto their c ircumvertionl. In additiiPP on c error Prc~ an use a tomet those which are ordered from time to time by the Customer wbjecl to correction IZAP decks may be sent lo~tie Insf to a doesmodify or car. written confirmation by the Institute. Customer's right hereunder are 8 P B those of a licensed user on;-,, and 1PPs shall at all times remain the cwonsuuItt tion results nor represent or warrant that all errors or bugs properly of the institute. The institute shall have the right to make additional charges for any additional effort required to provide programming consultation 1 i, Term, Agreement is effective hem the date which it is sic. resulting from Customer's use of other than the current unaltered This cepted by y the Institute at its office in Cary, North Ca arolina, and shall ided herein release of the licensed IPP. i remain In force until terminated as prov. The Customer may terminate this Agreement with 30 days prig written naive to I : the Institute once It has discontinued use d all IPP's and has given . Permission to Copy and Modify. The Customemer may copy any notice of such discontinuance in accordance with paragraph 11 of 6mai Permission to Copy and supplied by the tt ma etal ny this Agreement, provided that the Customer Is not in breach of any maintenance, or backup purposes. The Customer may modify Installation, material ' provisions of this Agreement. The Institute may discontinue any IPP licensed IPP for its own use and merge it rota other r may modify ' license or terminate this agreement H the Customer fails to comply to form an updated work, pen mef f eat, upon discontinuance (A the with any of the terms and conditions of the Agreement. IPP license, any portions of the IPP thus used will be completely I 7. llkeme. Each IPP license granted seder th : Agreemer c authorizes removed from the updated work, Any portion of an IPP Included in an the Customer to use the licensed IPP In any machine-readable form updated work shall be used only on the CPU designated in the IPP on a single central processing unit (CPU) designated by ",'aerial license. ^Y number. A separate license is required for each CPU on which the r licensed iPPwill be used, provided, howevut, that the license granted 7. Protection and Security, The Customer agrees not to provide or under this Agreement for the designated CPU may be temporarily otherwise make available any licensed IPP In sny form to any person f other than Customer's I-inionnel. In no event will a licensed IPP bo transferred to one backup CPU white tha designated CPU is in. operative due to malfunction made available on a N miliaring basis to outside users without the e j Each IP P license shall tee In etfectfu one (1}ytarfrom the "license written permission of fie Institute. begtnning dale" specified In the Supplement for that IPP, unless the ri ht, and TradeSecrdlndemnjficat{oes. Tl Institute Customer requests a pro-rated license In order that billing dates ror all g Patent, Copyright, g o licensed IPP's fall on the same date. Approximately one month before will nt, Co at its expense any action brought against theCustomert each yeasty anniversary of the "license beginning date" for each IPP, the exdefend tent that it is based on a claim that a licensed IPP, used within the Institute will Invoice the Customer for the next Vii license fee the scope of the license hereunder, iniringn a copy right, trade secret, _ for that iPP, Customer'f payment of the invoice within ]0 days will or patent in the United States. The Institute will pay any costs, signify its renewal of the license for the IPP subject to the terms and damages, settlement award, and anorneyrs fees 6natly awarded coditins of this Agreement for one additional year. Failure to pay damages, the alermeet is such action which are directly attributable to the Invoice within >D days after the Customer nary date shall constitute u ot a sagainst C uch cl+lm, provided that the Customer notifies the Institute promptly of such fully mrt Should In ° non-and no dlicense, and the Customer must once as prose a the the defense and cra neando at the institute may paragraph and notify ! "D S rily hereithen, Institute of it discontinuance as provided in the defense nc er agre;nthelnsti settlement lure's eat of ori be suchiclaim. SShould a or otherwise I PP a to which Is appli es the subject of a claim of Infringement of a copyright, trade secret, or TI, is t Agreement and any ce the cens-d may not , w assigned, sublkenstd, il o 111 uW Th red by the patent, the institute may procure for the Customer the right to cons 1 Customer, without prior won sv cna tic from IPP is u, The Customer time using the lirensed IPP or replace or modify the IPP to make it may redesttheCPUhichlicensed IPPe used non g norinfringing, The institute shall have no liaoility for any claim of f the Institute e In t~ in wr ling at least 16 days prior to the redesig naotion. copyright , trade secret, or patent infringement based on: (1) use of 1. Clsages, initial year license fees are due within 70 days after the other than the latest unaltered release of the licensed IPP available "ICeme beginning date." IPP yeasy license fees art! subject to from the Institute if such infringement would have been avoided by months prior to the anniversary date lot theelPPSlicense. To any combinati neofthelcensed PPwth oninstitutuprogPams (2) use or charges under this Agreement ti ere shall be added amounts equal to such infringement would have been avoided by the use or combina• r any federal, state, or local taxes, now or hereafter levied with respect Sion of the licensed IPP with other programs of data. The foregoing res to the chum set forth herein, which the tnstiwte has the legal obliga- states the entire liabi adetucf the Institute wlby th peicenedringem r ao f 'h Von to collect andror pa' , exclusive of personal property taxes also$5- anM1S o1 pe . ed on the licensed 1PP's and taxes based n net income. ~~st 4 ,v r i' r}v 'z ° } j F 'a' 9. Responsibilities of the Parkes. From time to time durkig the ex. 13. limitation of Liabiliq, THE FOREGOING WARRANTY IS IN LIEU Istence of the Agreement, the Institute will furnish upd; led copies of OF All OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING licensed IPPs to the Customer. BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHAN'• The institute will Assimilate suggestions for modifications of its TABILITY AND FITNESS FOR A PARTICULAR PURPOSE. licensed IPP's made by its users, and will esubhsh ortorities for the in. The Customer agrees that the Institute's liability hereunder for I, elusion of these modifications, damages, excluding liability for copyright, trade secret, or patent in• The Institute will coiled and distribute to the Customer user-written fringements, regardless of the form of action, shall not exceed the procedures in the framework oftheSASSupplemental Library. TheW most recent yearly charges paid by the Customer for the particular stitute makes no warranty, nor assumes any liability for such pro- licensed IPP Involved. cedures, which are distributed on an "AS IS" basis. The Customer further agrees that the )nstiiute will not be liable for L The Customer shall be exclusively responsible for the supervision, any lust profits, or for any claim or demand against the Customer by i management, and control of its use of the licensed IPPs Including but any other parts, except a claim for patent, trade secret, or copyright not limited to: (t) assuring proper machine configuration and IPP In. infringement as provided herein. stallatiun, (2) establishing adequate backup plans, and (3) Implemen• No action, regardless of form, arising out of the transactions under ling sufficient procedures to utisfy Its requirements for security and this Agreement, may be broughl by either party more than one lit accuracy of input and output as well as restart and recovery in the year after the cause or action has accrued, except that an action for event of a malfunction. nonpayment may be brought within one Ill year after the dale of tail payment. I IN NO EVENT WILL THE INSTITUTE Be LIABLE FOR CONSE• 10. Order and Delivery. Orders for additional IPP licenses should be QUENTIAL DAMAGES EVEN IF THE INSTITUTE HASBEENADVISED made in writing through supplements (specimen attached) to Ihis OF THE POSSIBILITY OF SUCH DAMAGES. Agreement. or Through puichaseorder referencing this agreemenut the only binding Agreement The Institutes acceptance of such put. 14. General, The term "this Agreement" as used herein Includes any chase orders is expresslycondltlonedon Cuslorper's"sent [athe pro. futurawritten amendmenu,modifications, on supplements made in { visions of this agreement. "License beginning date" should be accordance herewith. The terms of this Agreement will take specified at least 30 days after the order dale to allow time for precedence over the terms of any pres_nl or future order from the delivery, Installation, and checkout prior ;o "license beginning Customer for any lice nsn hereunder. The Customer agrees that b ac. date". When available, licensed IPPa will be shipped to customers ceptance of future delivery or any licensed IPV from the Imtitute is within 10 days after confirmation of order. However, the Institute conclmlve esiderKe of Its agreement that the license for such IPP Is don not represent or warrant that such shipment dates wild be met. governed by the terms of this Agreement. Licensed IPPs are distributed on 9-track TWO BPI tape unless The terms o! this Agreernent may be modified by the Institute upon otherwise specified by the Customer. Complete Installation Instruc• six months' written notice to the Cuslomc+, except for the terms and tons are provided with each IPP, if any licensed IPPIs lost or darnag. conditions which relaie specifically to: IN discontinuance of this ed during shipment, the institute will replace the IPP at no dditionai Agreement or Iicenscs granted under this Agreement as provided In charge to Customer. the section ci this Agreement entitled "Term," and 12) charges for licenses granted under this Agreement as provided In the sectlon of ! 11. DIKOntlnYalKe. Within one (t) month after the date of disconti. this Agreement entitled "Charges." g nuance of ary IPP Rceme under this Agreement, the Customer will t any of the provisions, or positions thereof, of this Agreement are certify in writing that through its best effort, and to the best of Its Invalid under any applicable statute or rule of law, they are deemed knowledge, the original and all copies, In whole or in part, in any to that extent to be omitted. h ` forest, including partial copies and modifications, of the licensed IPP THE CUSTOMER'S REMEDIES IN THIS AGREEMENT ARE EX• GLUAVE. received from the Institute or made in connection with such license f' have been destroyed, except that, upon prior written authoriation THE CUSTOMER ACKNOWLEDGES THAT HE HAS READ THIS from the Institute, the Customer may retain a copy for archive pur• AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS, AND FURTHER, AGREES THAT IT I. THE COMPLET'i poses. AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN ThE PARTIES, WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRIT. z r 12. Warranty. The Imtitute warrants that each hcensed IPP will coo- TEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PAR. I. form to its published specifications, H any, ,hen R Is shipped to the TIES RELATING TUTHE SUBJECT MATTEKOF THIS AGREEMENT } Customer. Sample data will be shipped with each Ircensed IPP to This Agreement -will be govamed by the laws of The State of North assure that the Customer his received a valid copy. Carolina. IN THE EVENT OF ANY CONFLICT j 15. Special Conditions. It is under- BETMENTHETERMSANDCONDITIONS stood and agreed that the first car THE LI{',EtiSE AGREEMENT AND THE year fee of $5,000 is to be paid TEliN15 AND COhDI7lJ,v5 OF ANY Ny ; l b SUBSEQUENT FUHCHASk: ORDER, THE y T1tES, Inc. TERMS AND CONDITIONS OF THE LICENSE AGREEMENT SHALL CONTROL e For the Institute: For the Customer; Name J. Fichaei Camp Name CITY OF LEN' P, TEXAS Signature Signature ax. _ Title Corporate Vice-Prp?ident _ Title _ CITY A iGER-- Date _ Date APPROVED AS TO FORMt f IIT"PMEY I TAYL07, 1 J. M1 F SAS Institute Inc. Reference Agreement Number: M Supplement Number to lnaitute Program Products License Agreement Customer name and addresr. City of Denton, Texas ' 215 East McKinney Street Denton, Texas 76201 f ' The following Licenses for Institute Program Products are hereby made subject to referenced Institute Program Products I` , licenoe Agreement. 1 Institute OS Institute or Designated CPU CPU Location License Yearly First Year Propam or Customer Type/Serial Beginning Renewal Fee Product CMS? Support? Date Date SAS DOS Institute IBM 158-3/417L City of Denton, Texas 1Dec81 1Dec 5,000. n r The Customer acknowledges that he has read the Institute Program Products License Agreement together with this Supple• ment and rgreet to be bound by their terms and conditions. Further, the Customer agrees that the Agreement and this Supplement are the complete and exclusive statement of the Agreement between the parties, whlch supersedes all proposals or prior agreemrms oral or written and all other communication between the parties relating to the subject matter of the Agreement and this Supplement. wS J? , ~l. For the Institute For the Customer r~ ~ J K Name J. Michael Camp - Name CI1 C 1 TEO{AS `I Signature Signature BYs ~.lf„~ • m title Corporate Viee-President Title CITY MA' R Date Date Have you also signed the License Agreement? + w tiiA.'+retftrz~~w+:,qt,.!:`1~°_.2svklFke`iPda!'~'yv+:Ni~fl 44 ~ll'.,'y.~'C✓{7i~E'mrll'lAtfF~?,"~S=~tw " i I w i CONTRACT FOR ENGINEERING SERVICES FOR y WATER DISTRIBUTION SYSTEM FLOW ANALYSIS ' Contrast made this 24th day of November, 1982, by and between the City of Denton, Texas, a municipal corporation organized and existing under the Home Rule Amendment to the Constitution of Texas, (hereinafter referred to as Denton) and Hogan and Rasor, Inc., Dnllas, Texas, a corporation duly authorized to transact business Ra"" i> within the State of Texas (hereinafter referred to as Consultant). 't s t WITNESSETHt 4 " I ell, 1 jY' I i WHEREAS, Denton wishes to employ Consultant for the purpose of conducting a "Water Distribution System Flow Analysis" in } conjunction with a Water Treatment Plant Expansion Study being conducted for the City by Freese and Nichols. !K>W, THggggORg, the Parties hereto do hereby agree as followat f"''' ( u lip T ~ _!J+f ~xr=' i r :f 1 r r -2- SECTION I Consultant shall perform an analysis of the Water Distribution System flow and pressure resulting from a proposed new water plant. The location, size and schedule for such plant will be furnished to the City of Denton by Freese and Nichols. Hogan and Rasor shall work with the City and Freese and Nichols in analyzing the effect of such plant on the City of Denton's Water Distribution system for , various alternatives of sizes, loca':ions and schedules. Such i analysis shall include estimated costs for new lines, ground or elevak-ed storage and other distribution system improvements required for each alternative proposed by Freese and Nichols. ( Y 4. r Y Hogan and Rasor shall conduct the analysis utilizing the computer facilities of McDonnell Douglas Automation company, 4100 McEwen Road, Suite 100, Dallas, Texas 75234. y. The analysis shall consider the water capacities associated with peak hourly demand and miminum hourly demand. t g ~ R It is antinipated that Hogan and Rasor, the City of Denton and )x4~ Freese and Nichols representative3 will have joint meetings on location at Hogan and Rasor's computer terminal to run various 1y , S ti ~ 9 I 5 M! ~~"~AC-~~h~~ik~~, tG`~e$1'~J#ld~'iJ~c^a~'A#t~t*+A"\kx'~it~~~!!F,+R"~"i~V~!~'t'~"''`'~":~5'+A+"xf~~+i'+~,•C?I~XY'I~'C+~~.~N►« •11 -3- alternatives and make adjustments in the alternatives and input data y to aid determining t'ne optimum schedule, size and location for such 1 water plant expansion. r, ► ' A brief narrative report of the inputs, outputs, al ternattves, assumptions and costs associated with each proposed alternative r plant size, location and schedule shall be furnished to the City. t11 .'i' SECTION 11 f in oonsiderotion of the services performed by Consultant under this 4. ? Contract, Denton shall pay Consultants A. Professional services sk Charges for professional services of Consultant's staff who may 2r be assigned to the project will be billed in accordance with 1., Consultant's standard hourly rates for the various categories of a personnel as follows ` Principal Consultant $100/hour •w,. Project Engineer S90/heal g i ,s Engineering Technician $45/hour $25/hour ' r'•s,~,', "Draftsperson `t Secretary $25/hour )y I i i ` tp "t k ~ -a- R Time charges will be made for personnel only while they are r actually at work on the assignment and for travel time during normal working hours. .r i' H. Out of Pocket Expenses ` In addition to the cost of professional services, certain other expenses consisting of, but not limited to, travel, lodging, and living expenses of Hogan and Rasor, Inc., employees when engaged on a project away from the home office, plus long distance telephone and other incidental charges will be billed at cost. Printing, reproduction and data processing charges, as required, will be billed in accort'ance with Consultants' standard rates prevailing at the time such services are rendered. The use of Consultants' automobiles will be billed at cost. a Yat Y C. Total Cost KK,1; Unless authorized by the City of Denton, the maximum charges a~. shall not exceed $5,000. SECTION III J ~ y r: Invoices shall be rendered monthly for the preceding month's r~ a h Y„ services performed and expenses incurred on Denton's behalf, and R r ' f~'~dIR+~~'1,.~P~s~a+ufi;d~~l~aGk~;y.~:Yt~1~i?5a~`+~SyS.N~tdu't.~6ii~r«':+rs3F~fL(~„rJWfel.~lr~'~Y+Rihfti~4ilIx+~:C^r~~d~+~'W»~ 17 Jt, ski a 7 ■ ~ I such invoices shall be due and payable fifteen days after receipt of the invoice. SECTION IV Consultant shall utilize its own personnel in the consideration of all required studies. Under no circumstances, except for the services of McDonnell Douglas Automation Company as listed herein, F: shall Consultant be authorized to enter into any contract with ,l another which would obligate Denton to pay all or part of the amount y p due under any such contract irrespective of whether recovery might " a be based upon an express or implied contract (quantum meruit). The $ X, facilities of McDonnell Douglas Automation Company, Dallas, Texas, „ may be utilized for the Hardy-Cross analysis of the Study. ~.t ti 1 SECTION V qtrr Denton may terminate this Contract upon written notice to Consultant, in the event of termination, Denton shall pay Consultant for full services rendered and expenses incurred to date of termination and Denton shall receive all completed analysis comparisons, and work done to the date of termination and any work f in progress or incomplete reports will be delivered to Denton. ,0 , Y 1. y'1 of f i _ Y r ^ r 1 1 Iii -6- SECT? i 1 The provisions of this Contract constitute the :n1.1 :e agreement the Parties and supersede all prior communications, between representations, and agreements, oral or written, between the Parties hereto with respect to the subject of this Contract. +1r F~ IN Wi'PNESS WHEREOF, the Parties hereunto set their hands and seals the day and year first above written. IL r 46~~,}yL~ I F a k' t fi ' HOGAH O.ND RASORr INC. ATTEST I a f 4 /:L tit n By r ' 8 t✓L bI Title Title +I 7. l` t"' I ATTESTt CITY OF DENTONO TEXAS t By t~ r =SF' Title Title - I+ S V ~ L l I d Ff, i~ t' 3`I. r 1 0. i t ATTACHMENT I SCOPE OF WORT( Y WATER DISTRIBUTION SYSTEM STUDY a 1. Prrr-Work Conferences The Consultant shall meet with the City to discuss the work i' program and schedule, procedures of comm,inication, additional surveys, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this study program. 2. Inventory and Reviews The Consultant shall secure from the City data and information available on the water distribution system. The Consultant shall thens a. Review all prior studies and other available data of the existing water works systems b. Develop an inventory of the physical characteristics of the water works systems c. Prepare an updated system map of the existing waterworks facilities on reproducible material at a scale presently utilized by the City. Elevation contour; on the waterworks ' system map will be limited to the area(s) where the operation of the future system may warrant two or more e pressure planes. 3. System Planning and Analysis% The Consultant shalls a. Meet with the City for the purpose of discussing and confirming the proposed population projections and distribution that wi13 Ie used in the planning and analysis or the water distributio, system. tr" b. Prepare anticipated water Jemands for the future growth end development within the planning area for a planning period extending through the year 2000. Population projections and 7 distributions and future land-use for the Planning area will be utilized from the information furnished by the City. Recently completed water supply studies shall be used to e, establish total system demands. C. Establish the applicable standards and criteria for r determining the adequacy of the existing waterworks system and use in determining the improvements and extensions required to meet the existing and forecasted needs. f rp lti I ' Y~ j 34; ar a15Z'ty , f re r?dMiy ktEi ~%°6"';' S d w'` ,^~5'.~„,r+FTrx`Yh`MAC}~W''~"~M'.'bt~'^~•J..ih:fi{;'~1~~'GjM.a4.~~o'b;SKyla ,."Y~;-tS'N _t~ 4', r u t r• ~ s -2- a d. :analyze the water distribution system considering: - Storage facilitiesr High service pumping facilities! Water pressure; Capacity requirements and distribution of water Operation procedures. j e. Prepare a map at a convenient scale illustrating the general i layout of the proposed waterworks facilities with respect to ~ the existing system. The current pressures and flown in the existing system and the required facilities for the future water distribution system will be determined from a computer analysis of the estimated water demands. f. Conduct the Hardy-Cross analysts of the water distribution system utilizing the computer facilities of McDonnell Douglas Automation Company, 4100 McEwen Road, Suite 100, r' Dallas, Texas 75234. g. Plan the future water distribution system with capacities to 4~a adequately serve the proposed developments. The computer analysis shall inulude the following consideration for the I system's demander Existing System - Peak Hourly Demand - Minimum Hourly Demand ' Proposed System - Peak Hourly Demand - Minimum Hourly Demand ' 4. System Plan and Re2ort3 The Consultant shall present conclusions and ,:ecomme-kdations for a proposed water distribution system to serve the City oc Denton's anticipated requirements through the year 2000. The r recommendations for the proposed waterworks system will be consistent with the overall local and regional comprehensive planning goals and anticipated development predicated upon the current standards set forth by the Texas Department of Health, the Texas State Hoard of Insurance, and the Texas Department of Water Resources. 5. Final Reviews and Printing: The Consultant shall f`? a. Present fifteen (15) draft copies of the final report to the k City Staff for review an Comment. Maps, charts, and other graphic material will be presented at the original scale, 1 ,'..~Y~~'~~R~lVh~r~{~~*~,w•~r:i^.~8h~k1T.~1ea'os"r!.*'at~G~~rY ~k i;C?h1~V~f.~.dLf`~'"~'Z G,C, c+i''i!M~ CZ r',d!~^~n:k-t~ t~,-:;AY yf'C^.nab'k&'«•IYeS .~'dwStjF~, iF'~`~.'MTi/' -3- 4 a t b. Amend, as required. } c. Prepare report, graphics and other material and coordinate for final printing. Fifty (50) copies of the report shall be printed in fina) form and furnished to the City. An " x additional one hundred fifty (150) copies of the proposed s water distribu.ion system plan ireport size) will be printed a: and furnished to the City. d. ?resent final report to the Public Utilities Hoard. s r y ki - ~ iAy~f Y e ?b` h r $ fi 1 v V 4~ i 1 a rr ~ , h ~'~i) I rlA . VS ~rN !t 1. 1 ~I V I ~ Y T.~` a F t~tyf n F PYtI ~ ~ 9r 7 "j r 1 f ~ i y ,i NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREDY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to elter 0*e boundary limits or said City to add the following describee territory to the corporate 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, State of Texas, and being part of the G. Walker Survey, Abstract No. 1330 and being more particularly described *s follows: x r BEGINNING at the most northerly northwest corner of present city limits as established by Ordinance No. 78-38, said point lying in Mayhill Road and in the west boundary line of the G. Walker Survey, Abstract No. 1330, said point also being the southwest corner of a tract of land conveyed to Andrew Corporation by deed dated September 8, 1978 and recorded in Volume 912, Page 804 of the Deed Records of Denton County, Texas; r THENCE north 4013144" east along the west boundary line of e said survey and in Mayhili Road a distance of 719.12 feet to a point, said point being the northwest corner of a tract conveyed } to Andrew Corportion by deed recorded in Volume 912, Page 821, S, same being the southwest corner of a tract conveyed to Allan Mobile Homes, Inc. by deed recorded in Volume 1161, Page 570 of ,r the Deed Records of Denton County, Texas; fir r THFNCE north 2025'30" east along the west boundary line of said survey and in Mayhill Road, same being the west boundary line of said Allan Tract, a distance of 1140.8 feet to a point for corner, said point being the northwest corner of said Allan Tract and the intersection of Mavhil_ Road with the centerline of a Cc•_nty Road to the east; THENCE south 88029' east along the north boundary line of said tract, said being the centerline of County Road, a distance of 1489.1 feet to a point fcr a corner, said point being the northeast corner of said tract; THENCE south 2006' west alorg the east boundary line of said tract, sane being the center of a County Road, a distance of 1154.4 C4et to a point for a corner, said point being the e southeast corner of said tract; i^ THENCE north 87057130" west along the south boundary line of said tract a distance of 28.94 feet to a point for a corner in eaid County Road same being the northeast corner of said Andrea 4 Tract; ' THENCE south 4034157" west along the east boundary line of `.r said Andrew Tract a distance of 735.64 feet to a point for a corner, said point lying in the present city limits as ` r established by Ordinance No. 78-38; THENCE north 870481564 west along the present city limits a distance of 1026.01 feet to a point; THENCE north 86009' west along the present city limits a distance of 435.6 feet to the *dlace of beginning and containing 63.89 acres of land, more or les. r r,` a NOTICE/ALLEN MOBILE HOMES, INC./ANDREW CORPORATION-PAGE ONE E i VS, h ~ f t y A Public Hearing will be held by and before the City Co nci1 of the City of Denton, Texas, on the _40r" day of , , 1982, at o'clock on the east side of Mayh Road approximately 250 feet south of the intersection of Mayhill Road and Page Road, 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. r RD O. TEW , MAY R CIT OF D TON, TEXAS ATTEST: CHARLOTTE ALLE.71 CITY SECR SAY b e v ~ z z .A r~ S5 X F ` y 4 d 9 ~y$ r x~k n v yµy a S~ n s5 F i. ~ r NOTICE/ALLEN MOBILE HOMES, INC./ANDREW CORPORATION-PAGE TWO Y h }7Ttr. °.ww.. Ja.cwh-s a^..s.. q b4 ,4vi,r, v,.., ~i N' . ie NF`1.ba.✓: mfr ~s.:lr:. ea..dt'+5",.'a. ,r3 .a~i,.! .7.1 i.., fr'~°~`f,~ 4 i F~%Ien C'-R'FSa~,Ca ,,,,,,~~=~~=777777QQQQQQ333333~~~~~~ 1 . ' .w t NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: i j The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the I following described territory to the corporate limits of the City of Denton, to-wit: All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part 4 of the T. Martin Survey, Abstract No. 900 and the B.B.B. 5 C.R.R. Company Survey, Abstract No. 196 and being more particularly : described as follows: BEGINNING at a point in the present city limits, said point lying in the west right of way line of F.M. 1830, said point also being the northeast corner of the land as described in Annexation Ordinance No. 81-79; THENCE south 89013' west along tha present city limits a y distance of 1079.6 feet to a point for a corner, same being the intersection of the land as described in Annexation Ordinance No. 60-40 with the land as described in Annexation Ordinance No. t i . 81-79: THENCE northeasterly along the present city limits, an approxi- j mate distance of 1989.23 feet to a point for a corner; " THENCE east along the present city limits an approximate distance ' of 2404.22 feet to a point for a corner, same being the northwest corner of the land as described in Annexation Ordinance No. 74-61 THENCE south 0007'40" west along the present city limits a distance of 1231 feet to a point same being the southwest corner of the land as described in Annexation Ordinance No. 74-6 and the northwest corner of the land as described in Annexation Ordinance No. 79-611 THENCE south 0007143" wrst alonq the present city limits an approximate distance of 350 feet to a point for a corner, same being the northeast corner of the land as described in Annexation i Ordinance No. 80-121 u' THENCE south 89x,34'46" west along the present city limits a distance of 2616.76 fert to a point for a corner, said point lying In the eas+. right of way line of F.M. 18301 THENCE south 1019' east along the present city limits and the 44 east right of way line of F.M. 1830, a distance of 40.91 feetj THENCE south 89046135" west a distance of 40 feet to a point for a corner, said point lying in the centerline of F.M. 18301 THENCE south 0054140" east along the centerline of F.M. 1830 an approxiate distance of 355 feet to a point for a corner, same being the easterly northeast corner of the land as described in $r Annexation Ordinance No. 81-791 THENCE north 89053' west along the present city limits a distance of 40 feet to a point for a turner; THENCE north 0054'40" west along the present city limits a distance of 576.42 feet to the place of beginning and containing 111.72 acres of land, more or less. i NOTICE/COUNTRY CLUB ROAD/F.M. 1830-PAG1, ONE f .qA s r + C " r f i A Public Hearing will be held by and jefore the City Co ncil of the City, f Denton, Texas, on the ~Q_ day of r 1982, at o'clock along the west side o F.M. 1 ~D (Country club Road) adjacent to a wooden fence located approxi- mately 1350 feet south of the intersection of Hobson Lane and F.M. 1830, 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. I T , Y CITY OFD TON, TEXAS ATTEST: ' CHARLOTTE ALLEN, CITY SECRETARY 'r i ~I]+ 1 yyyyyy..;r}, a s 'k K d y t ° NOTICE/COUNTRY CLUB ROAD/P.M. 1830-PAGE TWO ..:wW.~,}1,•v?l Hlx.~.iN~~!ttr;Vdt+ C.;a~.~"ro?A NC y,i, vp', a b y '1•Aa y,,j ` ~ + r.e tk:1yX.'t«~:'Ya t s~7{'1~i•'6Fa'rti~yq S.,k'a qri"'. t.,r'i':ki~lb'+qlY~ SV~1~1~a~Mr'd;R~2+1`gb~~i~'.~` r NOTICE OF PUBLIC HEARING ON CONTEMPLATRD ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: f i The City of Denton, Texas I proceedings to alter the boundary limits of said institute to annexation tthe. following described territory to the corporate limits of the City of Denton, to-wit: y All that certain lot, tract or parcel of land lying and being A, situated in the County of Denton, State of Texas, and beinq part x of the T. Martin Survey, Abstract No. 900 and the B.B.B. 6 C.R.R. ` Company Survey, Abstract No. 196 and being more particularly described as follows:, " BEGINNING at a point in the present city limits, said point lying in the west right of way line of F.M. 1830, said point also being the northeast corner of the land as described in Annexation Ordinance No. 81-79; THENCE south 89013' west along the present city limits a distance of 1079.6 feet to a point for a corner, same being the ' intersection of the land as described in Annexation Ordinance No. 60-40 with the land as described in Annexation Ordinance No, 81-79: THENCE northeasterly along the r sert city limits "t approximate tistance of 1989.23 feet toa an point for a corner; THENCE east along the present city limits an approximate distance " of 2404.22 feet to a point for a corner, same being the northwest corner of the land as described in Annexation Ordinance No, 74-6; THENCE south 0007140" west ~ slang the present city limits a distance of 1231 feet to a point same being the southwest corner of the land as described in Annexation Ordinance No. 74-6 and the northwest corner of the land as described in Annexation Ordinance NO. 79-61; THENCE south 0007143" west along the present city limits an approximate distance of 350 feet to a point for a corner, same being the northeast corner of the land as described in Annexation Ordinance No. 80-12; v;. THENCE south 89034146" west along the present city limits a distanca of 2616.76 feet to a point for a corner, said point lying in the east right of way line of F.M. 1830; THENCE south 1019' east along the present city limits and the f east right of way line of F.M. 1830, a distance of 40.91 feet; THENCE south 89046135" west a distance of 40 feet to a point for a corner, said point lying in the centerline of F.M. 1830; C THENCE south 0054140" east along the centerline of F.M. 1830 an t ' approxiate distance of 355 feet to a point for a corner, same a being the easterly northeast corner of the land as described in Annexation Ordinance No. 81-79; '.'HENCE north 89053' west alonq the present city limits a distance of 40 feet to a point for a corner; s" THENCE north 0054140" west along the present city limits a " distance of 576.42 feet to the place of beginning and containing a 111.72 acres of land, more or less. Y NOTICE/COUNTRY CLUB ROAD/F.M. 1830-PAGR ONE - ,s,,h• :i, 'e eU .x;51 R '~"~°a~a,~kJ'~f;>>.~x r":~,,,w,~ fiw~ t y q(~q 5 C 6 A Public Hearing will be held by and 7. the City Council of the City of Denton, Texas, on the day of , 1982, at __2 0 o'clock P. M. in the City Council Chamber of the Munic Qi al B~ldtng 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. R r CI Y OF ENTON, TEXAS 'i ATTESTt 4r U% va~ CHARLOTTE ALLEN, CITY SECRETARY u L^ r'`Y +ti. rr k ~x e rc ~ X ~t yf 5 .'t ~ r 4 ~y i fn , 1 {p } nr }x ' } x o- ~ by a~ z i, u 2g r'V x NOTICE/COUNTRY CLUB ROAD/P.M. 1830-PAGE IWO 'r : "^y~3+z'Au 7~'bi ~ :FM~+': ti r 1 r;cfv a ~ ~y ~y7 y* gyp' i .'ir x4 }k} 'A'r <4"~A'r~.y:t~ ':Y,~r'~5k.4✓.,'~'+}'4VSv!t..r~'!d ~(r~!1`~'^t~~h;r'-3f~~r1~F"4F~or~y`-a{.rP.a,'R'l~~i 1~~~r ` Afi 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 alrer the boundary limits of said City to add the following described territory to the corporate limits of the City of Denton, to-wit: g 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 G. Walker Survey, Abstract No. 1330 and being more particularly described as follows: BEGINNING at the most northerly northwest corner of present city limits as established by Ordinance No. 78-38, said point lying in Mayhill Road and in the west boundary line of the G. Walker j Survey, Abstract No. 1330, said point also being the southwest 33 corner of a tract of land conveyed to Andrew Corporation by deed dated September 80 1978 and recorded in Volume 912. Page 804 of the Deed Records of Denton County, Texaej i THENCE north 4013144" east along the west boundary line of said survey and in Mayhill Road a distance of 71').12 feet to a point, said point being the northwest corner of a tract conveyed II to Andrew Corportion by deed recorded in Volume 912, Page 821, same being the southwest corner of a tract conveyed to Allan .b Mobile Homes, Inc. by deed recorded in Volume 1161, Page 570 of tk'. the Deed Records of Denton County, Texas; ' THENCE north 2025130" east along the west boundary line of ' said survey and in Mayhill Road, same being the west boundary line of said Allan Tract, a distance of 1140.8 feet to a point for a corner, said point being the northwest corner of said ~f'( r Allan Tract and the intersection of Mayhill Road with the centerline of a County Road to the east= THENCE south 88029' east along the north boundary line of said tract, said being the centerline of County Road, a distance of. 1489.1 feet to a point for a corner, said point being the northeast corner of said tract= THENCE south 2006' west along the east boundary line of said tract, same being the center of a County Road, a distance of ~t 1154.4 feet to a point for a corner, said point being the n~ ,c, southeast corner of said tract] w, THENCE north 87057130" west along the south boundary line of raid tract a distance of 28.94 feet to a point for a corner in said County Road same being the northeast corner of said Andrew Tract= r wwkTHENCE south 4034157" west along the east boundary line of said Andrew-Tract a distance of 735.64 feet to a point for a rr corner, said ;,;,Int lying in the present cit; limits as established by Ordinance No. 78-38i ,J l THENCE north 87048156" west along the present city limits a distance of 1026.01 feet to a poinrj THENCE north 86009' west along the present city limits a ] distance of 435.6 feet to the place of beginning and containing f 3.; 63.89 acres of land, more or less. NOTICE/ALLEN MOBILE HOMES, INC./ANDREW CORPORATION-PAGE ONE, 1 1 1 1 's f r i A Public Nearing will be held by and before the City Council of the City of Denton, Texas, on the fir`` day of 1982, at o'clock P. M. in the City Counc 1 Chamber of the Munic pal Bu Iding 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. ter ~~i 41CAPR40. STEWA , MAYO F D TON, TEXAS ATTEST., F CHARLOTT ALLEN, CITY SECRETARY ,~s.~Fyv'Yg r kF r>•4 Y S 4~' €,t+Y ''rl t PPN f 1 k y tea: A ~i 111111 .Y : r i 71:.r , ek is ~ : l~ i t Y k In P m. t I soh yY r NOTICE/ALLEN MOBILE HOMESt INC./ANDREW CORPORATION-PAGE TWO s1 , § j ~rl ~S'.k!^ - t ~:e , h'..S1a~ Y } Nt. r_~ ~ k ~ + E `eta gg"~. ~.~rt, ~wl 'K ~4k+ `k ~ N~~ rS7~~~k7'li lrvat r N ~ 4 ~ .~,"+i ~ Y r~ ~:Y~'f.r~ Fk~T`Y•lry.^~' r '4Y~ i ~ a ~ r,_ r. ~;a" R E S O L U T I O N Y.. WHEREAS, the City of Denton finds it necessary to purchase a t certain tract of land located in the City of Denton, Texas, and more fully described below; and s WHEREAS, the City Council of the City of Denton is of the { opinion that the best interest and welfare of the public will be the parcel of real estate described purchase of served by the III below; and WHEREAS, the City of Denton and Betty Ruth Davis Jackson and ' arcel, agree that a z Joyce Davis Bishop, owners of said p tr consideration of Forty-Three Thousand Five Hundred Eighty One Dollars and Seventy-Eight cents ($43,581.78) is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: ty a SECT I• The City Attorney is hereby authorized to prepare the , kl necessary legal documents to complete the transfer of property so described below from the owners thereof to the City of Denton: t Tract It All that certain 0.306 acre StrVct# Abstraractcel No. of land 186, a tuated in the B.B.B. & C.R.R. act of Davis r City and County of Denton, Texass said tractibeing pa4, of Davis Triangle Addition as shown by Plat recorded Volume page 24 Texas; said tract being of the Plat Y further 3escrRbedrherein bynmetes oandybounds as follows; t for the most Western corner of the tract being 5 `N1 Beginning, described herein, at an iron pin set in the south line of said Davis Triangle Addition t23 h mimes f48lseconAsrWest d131.51 line point lying South bti ' feet from the southwest corner of said Davis Triangle Addition; 9 to le Thence Northeasterly 282.67 feet with Noarc of rth 61 degrees 03fminutna s r" radie is 510.83 feet, chord bearing t` 19 econds East feet to an iron o279 07 said Davis Triangle Addition~n set in 0-a Northeastern line Thence South 57 degrees 58 minutes 05 seconds East 61.44 feet to "A y an iron pin goftway linei nt of iWin ndso currDve rive; of the proposed 6outhwesterly ri 9ht- r~. th u52ed gressg40 1 Thence Southwesterly 176.93 feet with arc of a whose radius 570.83 feet, chord bearing in set in the 38 second mouthgline of Davis Trstiangle176.Addition22 an iron p k ' Thence North 88 degrees 23 minutes 48 seconds West 156.23 feet r, to the place of beginning. ? PAGE ONE 7 } ` I l.z,dW 2a=+-,i s•YR 4~ +rt!.:" .1 114% .%t,' , Tract II: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the B.B.B. & C.R.R. Co. survey, Abst. No. 186, and being an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Ophella May ; Tilson Davis to Betty Ruth Davis Jackson and Joyce Davis Brenholtz by deed recorded in Volume 711, Page 382 of the Deed Records of Denton County, Texas, and more particularly described as follows: Beginning at a point in the Northeast boundary line of said tract, said point being the intersection of the Southwest right-of-way line of U.S. Highway 77 with the Southeast right-of-way line of the proposed Windsor Drive; a Thence South 570 58' 05" East along t':e Northeast boundary line of sail tract, same being the Southwest right-of-way line s of U.S. Highway 77 a distance 218.62 feet to a point for a corner, same the intersection of the Southwest right-of-way line of U.S. Highway 77 with the North right-of-way line Sanger Road; Thence North 880 23' 48" West along the South boundary line of said tract, same being the North right-of-way line of Sanger Road, a distance of 325.6 feet to a point for a corner; same being the beginning of a nontangent curve to the left whose K.' radius is 570.83 feet, a central angle of 170 45' 324 and a chord of North 520 40' 38" East 176.22 feet; Thence Northeasterly along said curve an arc distance of 176.93 feet to the place of beginning and containing 0.395 acres. a~ xy SECTION II. The Mayor is hereby authorized to execute on behalf of the i„ City of Denton, Texas a quitclaim deed conveying the hereinafter s•r described property to Betty Ruth Davis Jackson and Joyce Davis f Bishop, to-wits All t1at t-ertain lot, tract or parcel of land lying and being situatee in the City and County of Denton, State of Texas, and " u being part of the B.?•o. & C.R.R. Co. survey, Acgt. No. 186, and "fr also being part of a tract of land as conveyed by Davis Triangle O" A" Addition to ..ire City of Denton by plat, recorded in Volume 4, ~ Page 24 of the Plat Records of Dentoi County, Texas, and more particularly described as follows: Beginning at the Southwest corner of the Davis Triangle Addition, said point lying in the East boundary line of a tract conveyed to Agnes L. Dean by deed recorded in Volume 734, page 716 of the deed records of Denton County, Texas, said point also being the Northwest corner of a tract dedicated to the city of Denton for Sanger Road right-of-gray by Davis Triangle Addition • plat; ej~ Thence South 880 23' 48" East along the South boundary line of ' said Davis Triangle same being the North right-of-way line of ` Sanger Road a distance of 131.51 feet to a point for a corner] Thence Southwesterly along a curve a distance of 132.78 feet whose radius is 510.83 feet and chord of South 840 37' 20" ` West 132.35 feet; Thence North 10 480 05" East a distance of 16.11 feet to the place of beginning and containing 0.034 acres of land more or less. i PAGE TWO S r~ ~f tt t , w SECTION III. y The City of Denton is hereby authorized to pay its share of the necessary and reasonable cost of closing as required by the sales contract. -v~ PASSED AND APPROVED this the day of November, 1982. C 1 0. STEM , YOR CIT OF D NTON ~s ATTE CKI WEST;IFG, DEPII ~ CITY SECRETARY ;y. CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM:" C. J. TAYLOR, JR., CITY ATTORNEY rx CITY OF DENTON, TEXAS BY: t~ r .J V t •1 ~ 1 q PAGE THREE s' ,r i 117r"~hJs4 {1.,~4i~d ic;%:•i~4T ..d y"r.?t3+'6,'nP.£Id°.«ji 4:'.. j.r~x Zi •w +oQV iO t 1 ~ ~ tt P R E S O L U T I O N 4 WHEREAS, the City of Denton finds it necessary to purchase a certaft tract of land located in the City of Denton, Texas, and a more fully described below; and ~ WHEREAS, the City Council of the City of Denton is of the ' opinion that the best interest and welfare of the public will be served by, the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and Tex M. 11artin and wife, y Antionette Martin, owners of said parcel, agree that a 4 ~;ti•, consideration of Seven Thousand Five Hundred Seventy-Three g" Dollars and Eighty Cents ($7,573.80) is a fair and agreed value of such described property; NOWF THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Y yJ4„," SECTION I. The City Attorney is hereby authorized to prepare the necessary le4al documents to complete the transfer of property yr { so described below from the owners thereof to the City of Denton: All that certain 0.070 acre tractF or parcel of land situated in the B.B.B. 6 C.R.R. Co., Survey, Abstract No. 186, Denton County, Texas, said tract being part of a tract described by deed to Tea M. Martin and wife and recorded in Volume 762, Page 484 of the Deed Records of Denton County, Texas and being more particularly described as follows: Beginning for the northwest corner of the tract being described herein at an iron pin set In the ground at the northwest corner of said Martin tract; MThence South 880 29' 07" east along the north boundary line of ; said Martin tract a distance of 99.25 feet to a point; Thence South 880 211 58" east along the north boundary line of said tract a distance of 12,1 feet to the northeast corner of M'r said Martin tract; Thence South 020 14' 59" west along the east boundary line of , 1, r said Martin tract a distance of 27.43 feet to a point for a corner, said point being the beginning of a curve to the right whose radius is 570.83 feet, central angle is 010 10' 06" and chord bearing of North 880 46' 26" west 11.64 feet; r Thence westerly along said curve a distance of 11.64 feet to a 01 point; Thence North 880 11156" west a distance of 68.65 feet to a F, point; 1 e PAGE ONE qr Et ro ~~JkiW q+y 1 ? x. nt; ,~.:r.z ,ti• .a - ...',t , (v R+,q'1'evy~~~dA.... W~ r i Thence North 880 27' 21" west a distance of 30.81 feet to a point for a corner in the west boundary line of said Martin tract Thence North 020 14' 59" east along the west boundary line of said tract a distance of 27.13 feet to the place of beginnir_g. SECTION II. The City of Denton is hereby authorized to pay its share of j the necessary and reasonable cost of closing as required by the ' sales contract. PASSED AND APPROVED this the 916:-day of November, 1982. ` I ARD 0 STEWA T, MAYO CITIE OF P NTON c ~ k ti AT" CKI fi3.4TLiNG, DEPUT tf CITY SECRETARY CITY OF DENTON, TEXAS p. APPPOVED AS TO LEGAL FORMS " x C. J. TAYLOR, JR., CITY ATTORNEY ;a CITY OF DENTON, TEXAS r I','4 BYt i ' A r if a%. 1 f, ~ r t . °•2 i IL I shy ' t PAGE TWO i , b' SL t ~ + . . a it w'.c., ...r.'..J*.~.1'1..aN.1~'~"•:~}I•u'.wA»sYILM inYS~!•~.Ib. i$0. o-..•aw.h'~, n M. R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to purchase a Uertain tract of land located in tre City of Denton, Texas, and more fully described below= and WHEREAS, the City Council of the City of Denton is of the i opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below) and WHEREAS, the City of Denton and Texas American Bank/Fort T. Evers, owner of Worth, N. A., Trustee under the Will of W. said parcel, agree that a consideration of Six Thousand Six Hundred and Fifty Dollars ($6,650.00) is a fair and agreed value s of such described propertyt NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON# TEXASi yI SECTION. I. The City Attorney is hereby authorized to prepare the 1. necessary legal documents to complete the transfer of property so described below from the owners thereof to the City of Denton: in th All that certain tract, or parcel Abstract d situated ton County, Myers-Brummett-Johnson Survey, Texas, being part of a certain (called) 514.46 acre tract in the County, ordae d being Volume more 39fullyagdescr ibedUeas Records of Evers s id Estate t. follows s Commencing at the southwest corner of a 51.410 acre tract ~r described in a deed from Jain Porter Auto Sales, Inc. to David H, Steiner, et ux recorded in Volume 797, Page 41, Deed Records r of Denton County, Texas at a steel pin on the south boundary line of Jim Christal Roadl •r r Thence north 00 00' west with the west boundary line of said ~ ' 51.470 acre tract a distance of 85.82 feet to a nail in the middle of Jim Christal Road; Thence north 760 12' 46" west with the middle of Jim Christal ; r Road a distance of 408.71 feet to a nailf Thence south 890 16' 36" west with the middle of Jim Christal Road a distance of 923.25 feet to a nails 38" west a distance of 26.6 feet to a Thence south 190 06 steel pin in a fence on the south boundary line of air. Christal " Road at the place of beginning) " Thence south 190 06' 38" west with the west bounddey line of an existing T.P. 6 L, Power Easement a distance of 254,0 feet to a point for a corners PAGE ONE ; <.^M Mr"A~t'Ai,~ ya :t t~ c S r f Thence south 890 03' 00" west a distance of 200 feet to a point for a corner; Thence north 00 57' 00" west a distance of 238.59 feet to a point for a corner in a fence on the south boundary line of Jim Christal Roadl Thence north 890 03' east with the south boundary line of Jim Christal Road a distance of 287.13 feet to the place of beginning and containing In all 1.33 acre of land. SECTION III. The City of Denton is hereby authorized to pay Its share of r, the necessary and reasonable cost of closing as required by the sales contract. A PASSED AND APPROVED this the day of November, 1982. PASSED + s~ C FM 0. ST , MAYOR V IT OFD NTON f~ ATTES t tit;, r ~ a ,i VICKI PESTLING, DEPUT CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS t %F BYt - . , ~4 'V .r e rr 1 z~y Y r f. + PAGE TWO THE STATE OF TEXAS } ESCROW AGREEMENT COUNTY OF DENTON ) THIS ESCROW AGREEMENT is made and entered into this the 17th Jay of November, 1982, by and between the City of Denton, k a Municipal Corporation of the State of Texas ("City") and s Russel Trapp and Dale Irwin of Denton County, State of Texas j ("Developer" 1 WITNESSE'TH WHEREAS, Article 13.07(b)(2) of the Denton Code of Ordinances, as amended, permits a subdivider in lieu of the actual completion of all street, curb and gutter and drainage y improvements for a proposed subdivision within the City of .r Denton, to make an escrow deposit in the total estimated amount for such improvements prior to the issuance of building permits ' within the subdivision, said escrow arrangement to provida that ' the City of Denton shall be entitled to the proceeds upon ~.r failure of the contractor to complete the necessary Y~ improvements; and ,a WHEREAS,'-the Developer has elected to comply with the above a mentioned ordinance in developing the Fall Meadow North Addition, Slacks 1 $ 2, located at the northwest corner of Fall Y a i; Meadow and Gardenview Circle in the City of Denton, Texas; now, therefore, The parties hereto agree as follows: 1. The developer shall deposit a total sum of $69,758.50 in an -escrow account with U.S. Bank of Denton to be held and 'arl ' used for the actual installation and completion of all street i A 4` ^ L ' and drainage improvements in the Fall Meadow North Subdivision, said escrow arrangement to provide that the City of Denton . 4. shall be entitled to the proceeds including any interest, upon failure of the Developer to complete the said improvements. • 2. The Developer shall not withdraw the escrow funds or any portion thereof, except for the payment of said improvements. fir AAA i r m UI I The parties hereto agree that any interest which may accrue on the escrow account may be retained by the Developer i provided that all said improvements are completed, approved and t accepted by the City. 4. The said escrow arrangement shall provide for the E holding of said proceeds until all said improvements are installed on Gardenview Circle and approval and acceptance of said irn.'nrovements is given by the City. ! j 5. The f Developer agrees to pay any and all escrow fees charged by U.S. Bank for the said escrow account. 6. The parties hereto agree to execute an escrow receipt, and instructions thereunder, directed to the U.S. Bank of k- Denton, as escrow agent, to hold the funds in accordance with this agreement. 7. It is understood and agreed that true is of the essence of this agreement, and in the event that the Developer shall fail to complete the said improvements within a reasonable length of time, the City shall given written notice r ? to the Developer and U.S. Bank that the City intends to Invoke the--forfeiture provision of this agreement and the escrow agreement. 8. In the event that Developer fails to complete the said improvements and it becomes necessary for the City to employ 7 the services of an attorney to enforce this agreement, with or P. 3 without litigation, the Developer agrees to pay the' City a dY reasonable attorneys fee and, in addition, such reasonable costs and expenses as are incurred in enforcing this agreement. t t 9. It is expressly understood and agreed that this { agreement shall not be assigned by the Developer wl~hout the prior written consent of the City, but that said consent shall not be reasonably withheld. je ~ y M .4 10. This agreement shall be binding upon the heirs, executors, administrators, and assigns of the parties hereto. i i IN WITNESS WHEREOF, the parties to this agreement have hereto set their hands, executed as to the original and two copies, on the date first above written. f CITY OF D N. TEXAS { BY: ATTES'c I L 'S DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS RubbbLLTRAFF t, /6 ~t; L R f THE STATE OF TEXAS } a COUNTY OF DENTON ) 4p~ a~ BEFORE MB, the undersigned authority in and for said 1 County, Texas, on this day personally appeared Russel Trapp known to-me to be the person whose name is subsc±ibed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GI N UNDF,R MY HAND AND SEAL OF OFFICE, This the day of wr" , 1982. 6R Y Pjj Yr. ,i C si n xpires: r- _L ej4 lp eo yu Of 0ENIt ~ i .V 5 i a.= w~ 4 1 L ~ L L:4 r 1,, 1 ' 4// T. Oki r P,O.BOXi226 UNIVERSITY W HINKLE • DENTON. TEXAS 76201 • (617131,26701 c a: THOMAS E. HARRIS Senlor Vice PresIdenl Irrevocable Commercial Letter of Credit No. 82-19 Dated: November 18, 1982 To: City of Denton Denton, Texas 76201 k: We hereby authorize you to draw on USBank, P. 0. Box 2226, Denton, Texas, drafts at k< sight for any principal sum or sums not exceeding in the aggregate a total of Seventy Thousand ($70,000.00) Dollars for the account of Russell Trapp and Dale Irwin. Drafts must be accompanied by the following: 1 A certified statement signed by the proper authorities from the City, certifying s that the streets and other related work was not complete. A copy of the invoice for the actual cost to complete the streets. r, This credit is subject, so far as applicable, to "The Uniform Customs and Practice for Documentary Credits, 1974 Revision, The International Chamber of Coamerce , Publication No, 290." Unless extended in writing this letter will expire on January 180 1983. Yours truly, F v F . V 1 . fY1 Thomas E. Barris Sr. Vice President P ~ ~ S 4,, TEB:nc s, y4' l ` y rF / 0 K~ TbeMwhi Ise -ou Ito T~ SvAm llo FWm ~ . ~Piafr of setts, I; 3Ktwttr All ern h~ u7hrer ~rel3rn~: Couwg of DENTON That THE CITY OF DENTON, TEXAS /i of the County of Denton and State of Texas for and in consideration of I the sum of TEN ALgD NO/00 ($10.00) DOLLARS r t to it in hand paid by JOHN R. FIELDS and BIRDA L. CHA',iERS ! 01 the County of Y Denton and State of Texas the receipt of which p, is hereby acknowledged, do es , by these presents BARGAIN, SELL, RELEASE AND FOREVER ! F ~j QUIT CLAIM unto the said JOHN R. FIELDS and BIRDA L. CHAVERS, 1:1,01r I`JA1 Ik F heirs and assigns, all its right, title and interest in and to that certain tract or t parcel of land lying in the County of Denton State of Texas, described as follows, to-wit: Being a portion of Lot 14, Block D, WILLCWWOOD WEST, an r + Addition to the City of Denton, Denton County, Texas, y I. according to the Replat recorded in Cabinet B, Page 13, Plat Records of Denton County, Texas, and Being the North six (6) feet of the West four (4) feet of a certhin sixteen (16) foot by thirty (30) foot easement located it. the Southeast corner of said Lot 14, Block D, as shown on the plat thereofi It is the intent of the grantor herein to abandon the above described portior of the said easement as the same is shown t on the recorded plat of the Addition. f w j x~ ~~JJ ,sr Thb mailing address oc the Grantees herein is 1806 Highland Ei Park Road, Denton, Texas, 76201 t i~ TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges ..s and appurtenances thereto in any manner belonging unto the said JOHN R. FIELDS and BIRDIE L. CHAVERS, thfiir heirs and assigns forever, so that neither Grantor the said City of Denton, Texas, nor its successors, nor ~ s :17t$ x }"x=any person or persons claiming under it shall, at any time f hereafter, have, claim, or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS the ex sution hereof 4r a at Denton, Texas 44- this day of 'UrUtV]7ffr~ A. D. 19 82. Witness at request of Grantor: CITY OF... NT ON, XAS _ 71rPUTy1' » I AD STE CIT: SECRETA 1.- .~'SL:V~7,l. `~~ry.?!!\•-1•"r'rY ~Y'T'J f"'~t%~+_.-1.'°.'~laJ ~~'»1'~1.^._'^'.le*/i *~1'/~'~.C"1...~e..!: D r I 9, SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned, a Notary Public In and for said County and State, on this day Denonilly 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. z... GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A. D. 19 (L. S.) Notary Public in end for County. Texas t SINCLE ACKNOWLEDGMENT THE STATE OF 'TEXAS, COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and Stale, on this day personally appeared r known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to the that be executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE, n this the day of A. D. 19 (I. S) Notary Public In and for •YWy,•." w _ County, Texas r CORPORATION ACYNOWLtDCb lrr THE STATE OF TEXAS, t COUNTY OF DENTON BEFORE ME, the undersigned, a Notary Publk h. and for laid County and State, on this day personally appeared Richard O. Stewart, Mayor , known to me to be the person and officer tyt', *how owe b subscribed to the foregoing trtrument and scknox:kdged'to me that the same was the act of the mid City. of Demon, Texas, a municial corporation a eit and that a executed the time as the act of 96 corporation for the purposes and consideration therein b expressed and is the capacity therein stated i GIVEN UNDER MY HAN ND SEAL OY OFFICE, g, this e, or n 19 82 x ' Y d 1w - (94`Eft!~ Sf~7T Notary P, fn and for Denton County, Texas x THE STATE OF TEXAS, COUNTY OF ! Hnny CERTIFY that the foregoing instrument of writing with Its certificate of amhentieadou, was filed for ram In my trmee on the day of A. D. 19 at o'clock M. sad was duly recoiled by me on the day of A. D. 19 fa VOL . Inge of the Records of said County. ;'sty WITNESS MY NAND and the Seal of the County Court of said County, at my office in the day assail year IM abuse written. (L S) County Clerk County. 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