HomeMy WebLinkAbout2006-027S:\Our Documents\Ordinances\06\NGG Underground Pipeline OrdinanceIDOC
ORDINANCE NO. Zoo* 'QZ %
AN ORDINANCE APPROVING AN UNDERGROUND PIPELINE EASEMENT AGREEMENT
GRANTING SUCH EASEMENT TO NGG GATHERING COMPANY, LLC, WHICH
EASEMENT IS LOCATED IN AN APPROXIMATE 85 ACRE TRACT OF LAND OWNED BY
THE CITY OF DENTON AND LOCATED IN THE G. WALKER SURVEY, ABSTRACT NO.
1330, AND ALSO A PART OF THE CALLED 245.00 ACRE TRACT OWNED BY THE CITY OF
DENTON LOCATED IN THE G. WALKER SURVEY, ABSTRACT NO. 1330, CONSISTING OF
AN APPROXIMATE 2.14 ACRE PARCEL OF LAND, AND A 0.407 AND 0.623 ACRE
PARCELS OUT OF THE MUNICIPAL UTILITY ADDITION OWNED BY THE CITY OF
DENTON SITUATED IN THE MARY AUSTIN SURVEY, ABSTRACT NUMBER 4, FILED OF
RECORD IN CABINET "G", PAGE "346" PLAT RECORDS, DENTON COUNTY, TEXAS; AND
PROVIDING AN EFFECTIVE DATE THEREOF.
WHEREAS, NGG Gathering Company, LLC ("Grantee") has requested that the City enter
into an Underground Pipeline Easement Agreement, a copy of which is attached hereto and made a
part hereof by reference (the "Easement Agreement'), and
WHEREAS, the City Council finds that the Easement Agreement is in the public interest and
the consideration being paid by Grantee constitutes fair market value for the Easement Agreement;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
true and correct and are incorporated herein by reference.
SECTION 2. The Easement Agreement is hereby approved. The Interim City Manager or his
designee is hereby authorized to execute the Easement Agreement on behalf of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / /%Z day of , 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: M� , ) �, � �,— 1�
APPROVED AS TO FORM:
EDWIN M. SNYDER. CITY ATTORNEY
Page 2
UNDERGROUND PIPELINE EASEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This Underground Pipeline Easement Agreement (this Agreement") is entered into
between the City of Denton, Texas, a home tole municipal corporation of Denton County, Texas
("GRANTOR") and NGG Gathering Company, LLC ("GRANTEE").
For and in consideration of Sixty Nine Thousand Seventy Four Dollars and No Cents
($69,074.n and other good and valuable considerations in hand paid, the receipt of which and
sufficiency of which is hereby acknowledged, and in consideration of the covenants contained
herein, GRANTOR and GRANTEE agree as follows:
1. Subject to the terms of this Agreement, GRANTOR hereby grants to GRANTEE an
easement (the "Easement" or "Easement Tracts') under and across three parcels of
property, the first described in Exhibit "A", and illustrated in Exhibit "B", and the second
described in Exhibit "C" and illustrated in Exhibit "D", and the third described in Exhibit
"E" and illustrated in Exhibit " F" attached hereto (the "Easement Tract"). This grant is
made subject to all matters of record affecting the Easement Tracts.
2. The Easement shall only be used for the purpose of constructing, inspecting,
g itrtaining, A C
operating, repairing, altering, replacing, changing the size of and removingApipeline)(and
appurtenant facilities for the transportation of natural gas across, under and upon the
Easement Tracts. The appurtenant facilities may be at grade or above ground to the
extent agreed to in advance by Grantor after Grantor receives construction drawings of
such appurtenances. After completion of construction Grantee shall provide Grantor with
"as -built" drawings of the pipeline and appurtenant facilities.
3. GRANTOR reserves and retains the right to gram other rights and easements across, over
or under the Easement Tracts to such other persons as GRANTOR deems proper;
provided such other grants (t) do not interfere with the use of the Easement by
GRANTEE for the purpose set forth herein; (ii) prohibit the installation of underground
or above ground utilities lines or other pipelines that intersect GRANTEE'S pipeline at
angles of less than forty-five (45) degrees or greater than one hundred thirty-five (135)
degrees; (iii) require that any other utility line or pipeline intersecting Grantee's pipeline
will be installed below GRANTEE'S pipeline and will have a perpendicular separation of
not less than twenty-four (24) inches; (iv) prohibit construction and installation of a third
party pipeline running parallel to GRANTEE'S pipeline within a distance of five (5) feet
from GRANTEE'S pipeline.
Page 1
4. GRANTEE agrees and fully understands that the pipelines and appurtenant facilities
located in the Easement Tracts are "at risk". GRANTEE shall strange for the pipelines,
appurtenant facilities, all activities, and improvements within the Easement Tracts to be
adjusted within the EasementProperty to facilitate road or other utility crossings, at the
reasonable request of GRANTOR, within thirty (30) days of notification by GRANTOR,
and the cost associated with the adjustment of the pipelines, appurtenant facilities, all
activities, and improvements shall be completely borne by the GRANTEE.
5. GRANTEE shall have all of the rights and benefits necessary or convenient for the full
enjoyment or use of the right herein granted, including, but without limiting the same to
the free right of ingress to and egress over and across said lands to and from said right-of-
way and easement and the right from time to time to cut, undergrowth and other
obstructions on the Easement' Tracts, that may injure, endanger or interfere with the use
of said pipeline. GRANTEE shall also have the ability to remove any trees in the
Easement Tracts and surrounding areas with the written approval of GRANTOR. The
GRANTEE shall have the right to assign this grant in whole or in part with the written
consent of GRANTOR, which consent shall not be unreasonably withheld.
Grantee is hereby granted temporary construction easements which are 25 feet wide, adjacent
and parallel to the North side of the permanent easement tracts granted herein, to use for access,
staging, and placement of materials, equipment and supplies in conjunction with its construction
activities associated with the permanent easement (the "Construction Activities"). These
temporary. construction easements shall expire six months after the Construction Activities are
commenced
6. This i easement is granted upon the conditions that GRANTEE'S Facilities to be
constructed shall be maintained and operated by GRANTEE at no expense to GRANTOR
and GRANTOR shall not be responsible for any costs of construction, reconstruction,
operation, maintenance or removal of GRANTEE's Facility.
GRANTEE shall and does Hereby agree to indemnify and hold harmless GRANTOR
from any and all damages, loss or liability of any kind whatsoever by reason of injury to
property or third person occasioned by its use of the Easement Tracts or act of ornission,
neglect or wrongdoing of GRANTEE, his officers, agents, employees, invitees or other
persons, with regard to the Facilities and maintenance of such improvements; and the
GRANTEE shall, at his own cost and expense, defend and protect GRANTOR against
any and all such claims and demands.
8. GRANTEE shall diligently repair any damage to improvements on the Easement Tracts,
Temporary Construction areas, or surrounding property, and shall restore the surface of
the Easement Tracts, Temporary Construction areas, and surrounding property from
damage resulting from GRANTEE's use of the Easement Tract and Temporary
Construction area
Page 2
9. GRANTEE shall, at its own cost and expense comply with all applicable laws, including
but not limited to existing zoning ordinances, governmental rules and regulations enacted
or promulgated by any governmental authority and shall promptly execute and fulfill all
orders and requirements imposed by such governmental authorities for the correction,
prevention and abatement of nuisances in or upon or connected with said premises
because of GRANTEE's use thereof.
10. The GRANTEE agrees to bury all pipes at a minimum of 36 inches, however if the
pipeline is underneath a road or a water, sewer, or drainage pipe, the natural gas pipeline
shall be buried at'a minimum of 60 inches.
11. It is agreed that this grant covers all the agreements between the parties and that no
representation or statements, verbal or written, have been made modifying, adding to, or
changing the terms of this Agreement.
TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the
right and easement herein granted shall be used by, or useful to, GRANTEE for the purpose
herein granted, with ingress to and egress from the premises for the purpose of constructing,
inspecting, operating, maintaining, repairing, altering, replacing, changing the size of and
removing the property of GRANTEE.herem described -
In TF-STIA40NY WHEREOF, the Parties herein have executed this Agreement this
lt)� ` day of January 2006.
Approved
Edwin S94der, City Attorney
Denton, aas /
GRANTOR
CITY OF DENTON
By: Howard Martin, Interim City Manager Q
Page 3
ACCEPTED AND AGREED:
NGG G THERING CO ANY; LLC
By:
Name: Jpc J �o toe i
Title: A ' r- r
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
Howard Martin, Interim City Manager of the City of Denton, Texas, n behalf of such
municipality, acknowledged this
instrument before me on, 2006.
N a Public in and for the State of Texas =e .fit NJ
E. RICHARDSON
rY t Notary Pubtle, state of Taus,
My Commission Evires
My Commission Expires: '�' {;il , Juna 27, 2009
THE STATE OF TEXAS §
COUNTY OF DENTON §
�fNrls Tirhti- the 47-raj g to t "T of NGG Gathering Company, LLC,
on behalf of such limited liability company, acknowledged this instrument before me on,
F' 200 •;'•rf,.p C. MEDFERD OWEN JR.
Notary Public. state of Terms
Not ubhc in an for
State of Texas my Commission Expires
�aN ` May 04. 2009
Page 4
My Commission Expires:
AFTER RECORDING RETURN TO:
City of Denton
Real Estate and Capital Support
601 East Hickory Street
Suite B
Denton, Texas 76201
Page 5
EXHIBIT "A"
Coleman & Assoc. Land Surveying
P.O. Box 686
Denton, Texas 76202
Phone (940)565-8215 Fax (940)565-9800
CITY OF DENTON
2.14 ACRE TRACT
20-FOOT GAS PIPELINE EASEMENT
FIELD NOTES to all that certain tract of land situated in the G. Walker Survey Abstract
Number 1330, Denton County, Texas and being a part of the called 84.8193 acre tract
described in the Deed from D. J. Anderson to the City of Denton recorded in Volume 2431,
Page 843 of the Real Property Records of Denton County, Texas and also a part of the called
245.00 acre tract described in the deed from Ann C. Stark and Robert W. Callahan recorded
under Clerk's File Number 97-R0019639 of the said Real Property Records; the subject tract
being a 20-foot wide Gas Pipeline Easement centered on the line as constructed; the center
line being more particularly described as follows;
BEGINNING at the West terminus of the centerline being described herein on the East
line of the called 4.62 acre tract described in the deed from Ronald E. Jones and Sandra
E. Jones to Denmiss Corporation recorded in Volume 5194, Page 1046 of the said Real
Property Records and on the West line of the said 84.8193 acre tract, South 00 Degrees
48 Minutes 29 Seconds West a distance of 145.4 feet from a % inch iron rod found at a
salient corner thereof;
THENCE North 84 Degrees 01 Minutes 00 Seconds East a distance of 259.3 feet;
THENCE Northeasterly 37.5 feet South of and parallel with an existing Atmos gas
pipeline as located the following 6 calls;
1. North 84 Degrees 01 Minutes 17 Seconds East a distance of 116.6 feet;
2. North 82 Degrees 15 Minutes 05 Seconds East a distance of 439.4 feet;
3. North 83 Degrees 56 Minutes 55 Seconds East a distance of 386.2 feet;
4. North 81 Degrees 33 Minutes 54 Seconds East a distance of 649.2 feet;
5. North 89 Degrees 37 Minutes 09 Seconds East a distance of 77.5 feet;
6. North 85 Degrees 39 Minutes 56 Seconds East a distance of 862.0 feet;
THENCE South 57 Degrees 40 Minutes 37 Seconds East departing the said gas pipeline a
distance of 406.0 feet;
THENCE North 66 Degrees 28 Minutes 35 Seconds East a distance of 219.0 feet;
THENCE Easterly, 10 feet south of and parallel with an existing fence near the South line
of the called 57.894 acre tract described in the deed from Ann C. Stark to Robert W.
Callahan recorded under Clerk's File Number 00-R0038760 of the said Real Property
Records, the following 4 calls:
1. South 87 Degrees 18 Minutes 43 Seconds East distance of 111.4 feet;
2. North 74 Degrees 54 Minutes 07 Seconds East a distance of 208.1 feet;
3. South 88 Degrees 17 Minutes 29 Seconds East a distance of 260.5 feet;
4. South 87 Degrees 07 Minutes 53 Seconds East a distance of 252.9 feet;
THENCE South 01 Degrees 13 Minutes 24 Seconds West a departing the said fence
distance of 219.6 feet;
THENCE South 47 Degrees 28 Minutes 10 Seconds East a distance of 73.6 feet;
THENCE South 72 Degrees 56 Minutes 59 Seconds East a distance of 120.7 feet to the
East terminus of the herein described centerline, South 01 Degrees 31 Minutes 07
Seconds West a distance of 29.4 feet from a'h inch iron rod stamped "COLEMAN 4001"
set at the Northwest corner of the 3.734 acre Compressor Site. The herein described
easement contains 2.14 acres of land, more or less.
Revised 12-29-05 cf
ED 4.52 ACRES
LD E. JONES &
ANORA E. JONES
TO
DENMISS CORPORATION
VOL. 5194• P. 1046
ATMOS
�— PIPELINES �_ D
(1- L7 6
_���- L7
•�I
l4 CL OF EASEMENT 37.5 FEET 6W
SOUTH OF THE MOST SOUTHERLY M3�
ATMOS GAS LINE AS LOCATED p
CALLED 84.8193
ACRES
NDERSON
D.J.
CALLED 245.00 ACRES
TO T� i ANN C. STARK &
VOL. 26}1, CITY OF P. ROBERT W. CALLAHAN
TO
PP. . 843 G• CITY OF DENTON
Q C.G.N. 97-POO19639
<9
Li2
L11
Lio
W
3 =
CALLED 245.00 ACRES
15p
ANN C. STARK & ROBERT W.
CALLAHAN
TO
p P
CITY OF DENTON
C.F.N. 97-ROO19639
p•
t
NUMBER
I DIRECTION
DISTANCE
L7
IS
o0'48'29"
W
145.4'
L2
N
84'01'00"
E
259.3'
L3
N
84'OV17"
E
116.6'
L4
N
ST15'05"
E
439.4'
L5
N
83.56'55"
E
386.2'
L6
N
81033'540E
649.2'
L7
N
89'37'09"
E
77.5'
L8
N
85'39'56"
E
862.0'
L9
IS
57'40'37"
E
406.0'
L10
IN
66'28'35"
E
219.0,
Lt 1
S
87'18'43"
E
111.4'
L12
N
74'54'07"
E
208.1'
L13
S
88'17'29"
E
260.5'
L14
S
87'07'53"
E
252.9'
L15
S
01'13'24"
W
219.8'
L16
S
47'28'10"
E
73.6'
L17
S
72'56'59"
E
120.7'
L18
IS
01-31'07-
W
29.4'
CALLED 57.894 ACRES
ANN C. STARK
TO
ROBERT W. CALLAHAN
C.F.N. 00-R0038760
10' 0
I L15
*TEXAS
8 DISTANCES BASED ON'
TEXAS COORDINATE SYSTEM OF 1983,
NORTH CENTRAL ZONE (4202)
BASED ON GPS TIES TO GEODETIC CONTROL
CONVERGENCE = 00'44'S0'
COMBINED SCALE FACTOR = 0.99984667
TO GET SURFACE DISTANCES
EXHIBIT "BIT
20—FOOT GAS LINE EASEMENT, 2.14 AC.
IN THE G. WALKER SURVERY A 1330
CITY OF DENTON
DENTON COUNTY, TEXAS
DRAWN: CF JOB #: 1151
CHECKED: WMC DATE: 8-1-05
REVISED:12-29-09 SCALE: 1" = 400'
L1
L E G E N D
CM ................................. CONTROLLING MONUMENT
FCP...................................... FENCE CORNER POST
1RF .......... IRON ROD FOUND
IRS ......./.. ........................ IRON ROD SEC WITH
A
A YELLOW PLASTIC CAP
STAMPED 'COLEMAN 4201'
O EXISTING GAS LINE
an & Associates I
id Surveying
66 DENTON. TEXAS 76202
®2006 COLEMAN & ASSOC. SURVEYING
Exhibit "C"
Coleman & Assoc. Land Surveying
P.O. Box 686
Denton, Texas 76202
Phone (940).565-8215 Fax (940).56.5 9800
CITY OF DENTON
0.407 OF AN ACRE TRACT
20-FOOT GAS PIPELINE EASEMENT
FIELD NOTES to all that certain tract of land situated in the M. Austin Survey
Abstract Number 4 and being part of Lot 1, Block 2 of the Municipal Utility Addition
as shown by the plat thereof recorded in Cabinet O, Page 70 of the Plat Records of
Denton County, Texas; the subject tract being a 20-foot wide Gas Pipeline Easement
centered on the line as constructed, the center line being more particularly described
as follows;
BEGINNING at the East terminus of the herein described centerline on the East line
of the said Lot 1, South 03 Degrees 29 Minutes 21 Seconds West a distance of 10.0
feet from a '/2 inch iron rod found at the Southeast comer of the called 27.7488 acre
tract described in the deed from the City of Denton to Terrano Realty, Inc recorded
under Clerk's File Number 96-R0010141 of the Real Property Records of Denton
County, Texas;
THENCE North 89 Degrees 31 Minutes 59 Seconds West, 10 feet south of and
parallel to the South line of the said 27.7488 acre tract, passing at a distance of 863.8
feet 10 feet south of a % inch iron rod found at the Southwest corner thereof, and
continuing, in all, a total distance of 887.5 feet to the East line of the 30 Road
Dedication as described in the instrument from Alex Dickie to County of Denton
recorded in Volume 407, Page 472 of the Deed Records of Denton County, Texas,
from which the Northeast comer thereof bears orth 03 Degrees 56 Minutes 30
Seconds East a distance of 10.0 feet, and enclosAg 1.407 of an acre of land.
Revised 1-10-06
EXHIBIT I'D"
DENTON TEC R, INC.
VOL 2124CENTE, P. 775
30' ROAD DEDICATION
ALEX DICIOE
TO
COUNTY OF DEMON
30, V. 407/PA72 *—P '
N 03 5630" E
10.0'
CALLED 27.74M ACRE
THE CRY OF DENTON
TO
iERRANO 00REALTY INC.
88—R101�1
20' GAS
N 89'31'59" W 887.5'
N REMAIDER
1, B 2
MUNICIPALUTILITYADDITION
CAB. O, PACE 70
L•
* BEARINGS 8 DISTANCES BASED ON:
TEXAS COORDINATE SYSTEM OF 1983,
NORTH CENTRAL ZONE (4202)
BASED ON GPS TIES TO GEODETIC CONTROL
CONVERGENCE = 00'40'46.87'
COMBINED SCALE FACTOR = 0.999840708
TO GET SURFACE DISTANCES
MULTIPLY BY: 1.00015932
20' EASEMENT EXHIBIT, 0.407 OF AN
IN THE M. AUSTIN SURVEY A-4
CITY OF DENTON
DENTON COUNTY, TEXAS
DRAWN: CIF JOB $: 1151
CHECKED: WMC DATE: 1-10-06
REVISED: N/A SCALE: 1" = 200'
CIA
S 03'29'21" W
10.0'
.I
I CALLED 21.6798 ACRES
STAFF REALTY INC.
II, 94—R0006788
I
SV�
L E G E N D
CM ............................... CONTROLLING MONUMENT
FCP.................................... FENCE CORNER POST
IRF........................................... IRON ROD FOUND
IRS............................................... IRON ROD SET
- ''' PROPERTY LINE
oleman & Associates
Land Surveying
1. BOX 686 DEMON, TEXAS 76202
(940)�5565-8215,FAX (940)565-9800,
WWW.COLEMANSURVEYING.COM
02006 COLEMAN 8: ASSOC. SURVEYING
Exhibit "E"
1
Coleman & Assoc. Land Surveying
P.O. Box 686
Denton, "Texas 76202
Phone (940)56.5-8215 Fax (940)565-9800
CITY OF DENTON
0.623 OF AN ACRE TRACT
20-FOOT GAS PIPELINE EASEMENT
FIELD NOTES to all that certain tract of land situated in the M. Austin Survey Abstract
Number 4 and being part of the 30 foot Road Dedication from Alex Dickie to the County
of Denton recorded in Volume 407, Page 472 Deed Records of Denton County, Texas;
the subject tract being a 20-foot wide Gas Pipeline Easement centered on the line as
constructed, the center line being more particularly described as follows;
BEGINNING at the East terminus of the herein described centerline on the East line of
the said 30 foot Road, South 03 Degrees 56 Minutes 30 Seconds West a distance of 10.0
feet from the Northeast comer thereof, from which a % inch iron rod found at the
Southwest corner of the called 27.7488 acre tract described in the deed from the City of
Denton to Terrano Realty, Inc recorded under Clerk's File Number 96-R0010141 of the
Real Property Records of Denton County, Texas bears South 89 Degrees 17 Minutes 55
Seconds East a distance of 23.2 feet;
THENCE North 89 Degrees 17 Minutes 55 Seconds West, 10 feet south of and parallel to
the North line of the said 30 foot road a distance of 1343.8 feet to an angle point;
THENCE North 44 Degrees 17 Minutes 56 Seconds West a distance of 14.1 feet to the
North line thereof at the West terminus of the herein described centerline, and enclosing
0.623 of an acre of land.
r�
EXHIBIT " P
I
1
FA
CALLED 20.00 AC.
LOT 2, BLOCK 1,
RESEARCH ADDITION
CAB. 0, P. 130
30' ROAD DEDICATKIN
ALEX DICKIE
TO
COUNTY OF DEMON
V. 407/P.472
\I•
I
I
20' CAS
N 89' 17'55" W 1343.8'
* BEARINGS & DISTANCES BASED ON:
TEXAS COORDINATE SYSTEM OF 1983,
NORTH CENTRAL ZONE (4202)
BASED ON GPS TIES TO GEODETIC CONTROL
CONVERGENCE = 00°40'46.87'
COMBINED SCALE FACTOR = 0.999840708
TO GET SURFACE DISTANCES
MULTIPLY BY: 1.00015932
20' EASEMENT EXHIBIT, 0.623 OF AN ACI
IN THE M. AUSTIN SURVEY A-4
CITY OF DENTON
DENTON COUNTY, TEXAS
DRAWN: CF JOB $: 1151
CHECKED: WMC DATE: 1-10-06
REVISED: N/A SCALE: 1' = 200'
DENTON TEC CENTER, INC.
VOL 2124, P. 773
I
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----------------
P.O.B. 3
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REMAINDER
1, z
MUNICIPALADDITION
CAB. AB.0. PAGE 70
WIRMMT
CM ............................... CONTROLLING MONUMENT
FCP.................................... FENCE CORNER POST
IRF........................................... IRON ROD FOUND
IRS ............................................... IRON ROD SET
— PROPERTY LINE
Coleman & Associates
Land Surveying
'. 0. BOX 686 DENTON, TEXAS 76202
PH(940 65-8215,FAX (940)565-9800,
.COLEMANSURVEYING.COM
02008 COLEMAN & ASSOC. SURVEYING
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
Recorded On: May 23, 2006
Parties: CITY OF DENTON Billable Pages: 13
To Number of Pages: 13
Comment:
" Examined and Charged as Follows: "
Easement - 64.00 -
Total Recording:. 64.00
Instrument Number:2006-61045
As
Easement
THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale. Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2006-61045
Receipt Number: 292190 CITY OF DENTON
Recorded Date/Time: May 23, 2006 01:57P 601 E HICKORY ST STE B
DENTON TX 76201
User / Station: K Kirby - Cash Station 2
aov THE STATE OF TEXAS)
COUNTY O�wDENTON} FILED In McFile Number sequence anMedal*Mme
Wmeed Mmn, and was duly RECORDED In Me Official RewNe or Denton County, Texas,
C**dlL
1s1
6 x County Clerk
Denton County, Texas