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1963-011 ORDINANCE PATIFYING AND CONF/RMING 0ONTRACT AND AUTHORIZING ISSUANCE OF $305,000 "CITY OF DENTON, TEXAS, PERMANENT IMPROVEMgNT WARRANTS", DATED APRIL 15, 1963 TH~, STATE 0F TEY~S ~I,~ 0ITY OF DENTONItl COUNTY OF DENTON ON THIS the ~3rd day. of April, 1963, the Council of the, City of Denton, Texas, convened in regular session at the regular meeting place thereof in the City Hall with the following members present, to-wit: WARREN WHITSON, SR. ~YOR ALLEN ~EL~ RAY LAGLEDER COUNC II/~EN TOM L~NE¥ H. R. PEMBERTON when among other proceedings had were the following: The Mayor introduced a proposed ordinance The ordinance was read in full by the City Secretary. Thereupon, it was moved by Councilman Pemberton and seconded by Councilman La$1eder that the same be pas.sed and adopted. Thereupon the question being called for the following members of the Council voted "AYE" Mayor Whitson and Councilmen Self, Lagleder, Laney and Pemberton, and none voted "NO". The Mayor announced that the ordinance had been finally paslsed and adopted The 0RDINAN~E is as follows "AN ORDINANCE by the Council of the City of Denton,Texas, ratifying and confirming contract for the purpose of acquiring and purchasing land for a capital project and public purpose, to-wit a site for a civic center in and for said City; providing for the issuance of $305,000 interest bearing time warrants for the purpose of paying a portion of the cost thereof, enacting provisions incident and relating to this ordinance." WHEREAS, heretofore, to-wit on the R6th day of March, 1963, the Council of the City of Denton, Texas, passed and adopted that certain resolution authorizing the Mayor to publish notice of City's intention to receive bids for acquisition and purchase of land for a site for a civic center in and for said City, and of the City:s intention to issue interest bearing time warrants therefor, and which resolution is recorded in Volume l? of the Minutes of said Council, and WHEREAS, the Council has duly ascertained and determined that the notice prescribed by the aforesaid resolution was duly issued and published in the DENTON-RECORD CHRONICLE, which is a newspaper of general circulation and published in the City of Denton on the following dates, towit April l, 1963, April 8, 1963, April 12, 1963 and April 15, 1963, the date of the first publica- tion being at least fourteen (14) days prior to the 23rd day of April, 1963, which was the date stipulated in the aforesaid resolu- tion and notice for receiving proposals or bids, and WHEREAS, it was provided and stipulated in said resolu- tion, and also in said no~ice, that sealed proposals would be received until 8:30 A.M on the 23rd day of April, 1963, at which time said proposals were to be publicly opened and read, and WHEREAS, it was provided and stipulated in the afore- said resolution of March 26, 1963, and in said notice, that it is the intention of the Council of the City of Denton, Texas, to issue interest-bearing time warrants to the proper contractor in payment of all or a portion of the contract price, said war- ranSs not to exceed the principal amount of $305,000, the principal of said warrants to be payable serially with the maximum maturity date being not later than December 31, 1983, and to bear interest at a rate not to exceed 3-1/4% per annum, and WHEREAS, the Council affirmatively determined and finds that no petition of any kind has been submitted to the City Secretary of the City of ~enton, Texas, or to any member of the Council, or to any officer of the City whatsoever, requesting a referendum vote upon the question of authorizing the issuance of the bonds of said City for the purpose of providing the money with which to acquire and purchase land for a capital proJect~ and public purpose, to-wit, a site for a civic center in and for said City, or the issuance of the interest-bearing time warrants of the City in ~yment of all or a portion of the cost thereof, and that therefore this Council is authorized and empowered to procee~ with the acceptance of proposals and awarding of contract and the issuance of interest bearing time warrants in payment of all or a portion of the cost of said improvements, and WHEREAS, on the date stipulated in the aforesaid resolu- tion and in such notice, to-wit on this the 2Brd day of April, 196~, the Council duly convened and received proposals in respect of the advertised purposes, and WHEREAS, the 0ouncil hereby affirmatively finds and deSermines that the proposal submitted by FIRST STATE BANK, Denton, Texas, was the lowest and best bid submitted, such proposal being as follows, to-wit: AND WHEREAS, it is affirmatively found and determined that the aforesaid proposal or bid was submitted in accordance with the published notice to bidders, and, WHEP$~S, it is affirmatively found and adjudged that the awarding of contract and the incurring of the obligations herein proposed will not exceed any constitutional or statutory authority of the City under the Constitution and laws of the State of Texas, and, WHEREAS, by virtue of the aforesaid conclusions of this Council it is found and adjudged that the proposal of FIRST STATE BANK, Denton, Texas for the sale of the land (as described in said proposal and hereinafter described) to the City of Denton, to be used as a site for a civic center in and for said City, should be in all things ACCEPTED, RATIFIED, CONFIRMED, APPROVED and ADOPTED as the act and contract of the City of Denton, and such proposal and contract should have effect according to its tenor and purport as the official act and deed of said City, and WP~REAS, it having been agreed and understood by and between the City and the aforesaid contractor, whose bid is herein accepted, that a portion of the cost of ~uch land would be paid by the issuance and delivery to said Contractor of the City's legally issued time warrants, accordingly, the City and the Contractor have entered into the following Memorandum of Agreement, dated as of the 2Brd day of April, 1963, reading as follows, to,wit: ~Q~II,II'vA~ O~U't,%JA ~l~ Jim ~ ~d ~IUOFH~ ~dJ3 f) f~ ~oz b~*l ~ ~w-od MEMORAND~H OF AGREEMENT STATE OF TEXAS COUNTY OF DENTON MEMORANDUM OF AGREEMENT between the City of Denton, Texas, acting through its Mayor and City Secretary (~ereinafter called ~City"), an~ FIRST STATE BANK, Denton, Texas (hereinafter called Contractor ): WHEREAS, on the 23rd day of April, 1963, the parties hereto made and entered into a certain contract in writing where- in and whereby the said Contractor agreed to sell and convey the property described in the ordinance adopted by the Council of said City on the 23rd day of April, 1963, by general warranty deed; all in accordance with the provisions of the Notice to Bidders and in accordance with plans and specifications approved by the Council of said City, and WHEREAS, it was and is agreed and understood that the City is to finance a portion of the cost of such contract by the issuance and delivery to the contractor of its legally issued time warrants in the principal sum of THB~ HUNDRED FIVE THOUSAND DOL~ARS ($305,000), and WHEREAS~ it is provided by the aforesaid contract that the full compensation to be paid the Contractor by the City shall be $,,305,000 , and WHEREAS, the said City and the said Contractor herein an hereby agree that the said sum of $ 305~000 shall be psi the said Contractor pursuant to said contract by the issuance and delivery to said Contractor of the time warrants of said City in the principal sum of $305,000, a,~-t~h~-~,yme~w~D~ IT IS T~RE~0RE AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES HERETO AS F~LLOWS: SECTION~i: That the said City agrees to pay and the said Contractor agrees to accept payment of said sum of $305,000 as follows: (~ ~-s~w-~-$ ................... ~-~-~-~n (~) The sum of $305,000 shall be paid by the issuance and delivery of an equal par amount of the legally issued time warrants of the City of Denton, Texas, for the purpose of paying the cost of purchasing and acquiring said property, in accordance with the Notice to Bidders and pursuant to the aforesaid contract of April 23, 1963, and which warrants shall be payable to FIRST STATE BANK, Denton, Texas, Contractor, or bearer SECTION 2. That said warrants shall be dated April 15, 1926~ Shall bear interest at the rates of 2.75__~_~, 2.80 and ~ · 5 %, payable April 15, 196~, and seml-annually--~afte on October 15 and April 15 in each year, both principal and info,st to be payable at the FIRST STATE BANK, Denton, Texas, and shall ~e numbered and mature in accordance with the following schedule: klOTHJ'G WO YTMUO0 '%~O, Ltf~J 8A (~I 3 I/TqAq ~P~A~ ~RS 1~ Inclusive) MATURITY DATES AMOUNTS 1 to 15 April 15, 1966 $15,000 4616 t° !i April 15, 1967 15,000 3~ to April 15, 1968 15,000 to April 15, 1969 20,000 66 to 90 April 15, 1970 25,000 91 to 120 April 15, 1971 30,000 121 to 150 April 15, 1972 30,000 1~1 to 185 April 15, 1973 35,000 186 to 225 April 15, 1974 40,000 226 to 265 April 15, 1975 40,000 266 to 305 April 15, 1976 40,000 such war~ants being in denomination of $1,000 each, aggregating the principal sum of $305,000 3EaTION. 3: That the City hereby agrees to levy and have assessed and c011eeSed annually taxes sufficient to pay the interest on said warrants as it accrues and the principal thereof as the same matures, and that both principal and interest of said warrants will be promptly paid when due SEOTION 4: That said warrants are to be issued and delivered to the said aontractor when City has received such reasonable assurance as it may require as to the title to said property. SECTION ~: Nothing herein shall be construed as rescinding or cancelling the aforesaid Contract of April 23, 1963, but this Agreement shall be and is cumulative thereof. E~CUT~D IN DUPLICATE at Denton, Texas, this the 23rd day of April, 1963. , 0ITY OF DENTON, TEXAS C~t~y Secretary Mayor FIRST STATE BANK, Denton,Texas (Bank Seal) By(Contracto~~) AND WHEBEAS~ it appearing to the Council that all prerequisites for making legal, binding and subsisting contracts have been complied with, and that all the provisions of Article RB68a~ V A T.C.S of Texas~ 1925, as amended, have been followed~ and that this Council may properly proceed with the ordinance authorizing the ismuance of said warrants to be delivered in payment of part o£ the cost of acquiring and purchasing land for a capital project and public purpose, to-wit a site for a civic center in and for said City, same being lands conveyed to W. C. Orr, Jr , Trustee by deeds of record in Volume 488 page 129 o£ the Deed Records of Denton County, Texas, and in Volume 490, page R~l of the Deed Records of Denton County, Texas, same being more fully described in the proposal. THEREFOltE, TH~ OOUNOIL OF THE CITY OF DENTON HEREBY ORDAINS: SEOTION 1: That the aforesaid contract of April 23, 1963, and the aforesaid Memorandum of Agreement of April 23, 1963, are hereby in all things RATIFIED, APPROVED, 00NFIRNED and ADOPTED. SECTION 2: That, pursuant to the aforesaid Contra~, there shall be, and there is hereby ordered to be , issued under and by virtue of the Constitution and laws of the State of Texas, the warrants of said City in the total principal sum of THREE HUNDRED FIVE THOUSAND DOLLARS ($305,000), to be known as "CITY OF DENTON, TEXAS, PEP~AMENT IMPROVEMENT WARRANTS", dated April 15, 1963, all in~enomination of One Thousand Dollars ($1,000) each, numbered from One (1) to Three Hundred Five (305), both inclusive, and to mature serially, without right of prior redemption, in accordance with the following schedule WARRANT NUmBeRS (Ail Incl,usive) MATURITY AMOUNT 1 to 15 April 15, 1968 $15,000 16 to 30 April 15, 1967 15,000 31 to 45 April 15, 1968 15,000 46 to 65 April 15, 1969 20,000 66 to 90 April 15, 1970 25,000 91 to 120 April 15, 1971 30,000 121 to 150 April 15, 1972 30,000 151 to 185 April 15, 1973 35,000 186 to 225 April 15, 1974 40,000 226 to ~65 April 15, 1975 40,000 266 to 305 April 15, 1976 40,000 SECTION $: That said warrants shall bear interest from date to maturity at the following rates per annum. (a) Warrants Numbered 1 to 15 ...... , at the rate of ..2.75 ~ (b) Warrants Numbered 16 to 150 , at the rate of 2..80 %, (c) Warrants Numbered 151 to 305, at the rate of 2.85 %, which interest shall be payable on April 15, 1964, and semi- annually thereafter on October 15 and April 15 in each year, such interest to be evidenced by proper coupons attached to each of said warrants. .SEOTION 4: That the principal and interest of said warrants shall be payable in lawful money of the United States of America, without exchange or collection charges to the owner or holder, at the FIRST STATE BANK, Denton, Texas, upon presentation and surrender of proper coupons or warrants SECTION 9: That each of said warrants shall be signed by the Mayor, co%ntersigned by the City Secretary, and registered by the City Treasurer of the City of Denton, Texas, and the corporate seal of the "0ITY OF DENTON, TEXAS, shall be impressed on each of them. The facsimile signatures of the Mayor and City Secretary may be lithographe~ er printed on the ir~rest coupons attached to each of said warrants. ~0TION 6: That the form of said warrants shall be substantially as follows: NO. UNITED STATES OF AMERICA $1,000 STATE OF TEXAS 00UNTYOFIENTON CITY OF IENTON, TEXAS, PERMANENT IMPROVEMENT WARRANT THIS IS TO OERTI~/ that, FOR VALUE RECEIVED, the City of Denton, a municipal corporation of the State of Texas, is Justly indebted to and hereby obligates itself to pay to FIRST STATE BANK, Denton, Texas, Contractor, or bearer, without right of prior redemption, on the FIFTEENTH DAY OF APRIL, 19 , at the FIRST STATE BANK, Denton, Texas, the sum of ONE THOUSANDDOLLARS ($1,000), in lawful money of the United States of America, with interest thereon from the date hereof to maturity at the rate of PER CENTUM ( ,,, %) per annum, payable on April 15, 196#, and semi-annually thereafter on, 9~mber 15 and April 15 in each year, and the Treasurer of said Oity is hereby authorized and directed to pay the said FIRST STATE BANK, Denton, Texas, Contractor, or bearer, said principal sum, together with interest thereon, payable at the paying agency named above, without exchange or collection charges to the owner or holder, out of and from moneys belonging to the "SPECIAL PERMANENT IMPROVEMENT WARRANT FUND" created for that pu~mpose THIS ~ARRANT is one of a series of Three Hundred Five (305), serial warrants, numbered consecutively from One (1) to Three Hundred Five (305), both inclusive, aggregating the principal sum of THREE HUNDRED FIVE THOUSAND DOLLARS ($305,000) issued to FIRST STATE BANK, for the purpose of acquiring and purchasing land for a capital project and public purpose, to-wit: a site for a civic center in and for said City, in accordance with specifications, pursuant to contract, and under and by virtue of the Constitution and laws of the State of Texas, and pursuant to ordinance duly passed and adopted by the Council of the City of Denton on the Z~Dd day of April, 1963, and duly recorded in the Minu~s of said Council IT IS HEREBY 0ERTI~IED, RECITED AND REPRESENTED that alt acSs, conditions and things required to be done precedent to and in the issuance of this warrant and the series of which it is pa~t have been proper2yldene, have happened and been performed in regular a~ due time, form and manner as required by law, and that the ~ot~l indebtedness of the City, including this warrant andI ~he series of whio~,it is a part, does not exceed any consti- tutional, er statutory ~mitations, and that a sufficient tax to pay the principal of and interest on this warrant and of the series oflwhioh it is ~ part at their respective maturities has been levied and will continue to be levied and collected and applied in payment thereof. IN TESTIMONY~R~0F; the City of Denton, Texas, by its Council has caused-.~ts corporate seal to be affixed hereto, and~this Warrant to'be signed by its Mayor, countersigned by the CitM Secretary, and registere~ by the City Treasurer, and the dat~ of Shes wahrant, i~ conformity with the ordinance above referred $o, being the~[F~A~NTH DAY O~ April, 196B I ~ '~ May0~, ~ity of Denton, TeXaS COU~t~RSIGNED: ' 0'It Secretary,City of ~enton,Texas i ~ REGISTERED: t ~ OitY Treasdrer, City of Den'ton,Texas ~EOTION 7. The form of said interest coupons shall be substantially as follows NO.I ON THE ~IFTEENTN DAY OF 19 thelOITY OF DENTON, a municipal corporation of the State of Texas, hereby promises to pay to ~IRST STATE BANK, Denton,Texas, ConSractor or bearer, at the FIRST STATE BANK, Denton, Texas, the, sum of ,,, ,DOLLARS ($ ,), in lawful money of the United States of America, without eEchange or collection charges to the owner or holder, said sum being ...... .months' interest due that day on "CITY OF DENTON, TEXAS, PERMA~NT IMPROVE~NT WARRANT", dated April 15, 1963. Warrant No. .. Cit~ Secretary yor SECTION 8: That the following certificate shall be printed on the back of each warrant ASSIGNMENT THIS IS TO CERTIFY that FIRST STATE BANK, Denton, TeXas, Contractor, has ,received the within warrant from the City of Denton, Texas, in payment of the amount due by said City to,said Oontractor by virtue of the valid and subsisting contract entered into by and between said Contractor and said City on the R3rd day of April, 1963, and FOR VALUE RECEIVED the said ¢ontracto hereby transfers, assigns, sells and delivers to bearer, without recourse, all right title and interest in and to the within principal warrant and interest thereon, and the said bearer is helreby subrogated to all claims, liens, rights and title whether at law or in equity which are or may be secured to the said Contractor in the aforesaid contract, and the bearer hereof is a~thorized to collect ~he same and give full receipt and a~quitta~ce therefor. FIRST STATE BANK, Denton,Texas (Contractor By. SECTION 9: That the said warrants herein provided for shall be executed and delivered by the Mayor, City Secretary and Oity Treasurer, upon order of this Council, at such time as the aferesaid estimates or accounts are duly submitted to and approved by this Council. ~EQTION 10: That a special fund to be designated "S~ECIAL PERMANENT IMPROVEMENT WARRANT FUND" shall be, and same is hereby provided and established, that to create said fund and while said warrants or any of them are outstanding and uppaid, there shall be annually levied, assessed and collected in due time form and manner a tax upon all of the taxable property in said City, sufficient to pay the current interest thereon and create a sinking fund sufficient to pay each installment of principal as the same becomes due, or a sinking fund of 2%, whichever is greats , and to pay the interest on said warrants for the first year, and to create a sinking fund with which to pay the principal as the same becomes due, or a sinkhg fund of 2% whichever is greater, there is hereby levied a sufficient tax on each one hundred dollars~ valuation of taxable property in said City for the cur- rent year and the same shall be assessed and collected and applied to the purpose named, and while said warrants or any of them are ouSstanding and unp&~, a tax each year at a rate from year to year, as will be ample and sufficient to provide funds to pay the current interest on said warrants and to provide the necessary sinking fund, full allowance being made for delinquencies and costs of collection, shall be and is hereby levied for each year respectively, while said warrants or any of them are outstanding and unpaid, and said tax shall each year be assessed and collected and applied to the payment of the principal of and interest on said warrants. The Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient fo r such warrants, it having been determined that the existing and availabl. taxing authority of the City for such purpose is adequate to permit a legally suffieient tax in consideration of all outstand- ing obligations. ~ECTI0~...!i: This ordinance shall take effect and be in force from and after its passage, and it is so ordained. PASSED AND APPROVED, this the 23rd day ofApril, 1963 Mayor, City o Denton, Texas Cigy~Secr'e'tarY, City of Denton,Texas (City Seal) 0ERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS CITY OF ~ENTON COUN~f OF DENTON I, the undersigned, City Secretary of the City of Denton, Texas, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of an ordinance ratifying and confirming contract and authorizing the issuance of $305,000 "CITY OF DENTON, TEXAS~ PERi, ANENT IMPROVE~ENT WARRANTS", dated April 15, 1963 (and Minutes pertaining to its adoption) passed and adopted by the 0ouncil of said City on the 2Brd day of April, 1963 and which ordinance is recorded in Book of the Minutes of said Council IN WITNESS k~EREOF, I have hereunto signed my ~ame officially and affixed the seal of said City this the 23r d day of April, 1963 Cit~ Secretary,CitY of Denton,Texas (City Seal) FIRST STATE BANK OF DENTON CAPITAL AND SUP, PLUS $1 300 000 00 DENTON TEXAS April 23~ 1963 Hon. Warren Whitson~ Jr., Mayor and City Council City of Denton City Hall Denton~ Texas Res Bid on sale of Real Berate to Czty of Denton~ Texas for Civic Center Gentlemen. Pursuant to the reeolut=on passed by the City Council of your City on the 26th day of March~ 1963~ and recorded in Book 17 of the Offic=al M=nutes of the City of Denton~ Texas~ and the public not=ce thereon whzch appeared in the official newspaper of sa=d City~ The F=rst State Bank hereby tenders bLd for furnishin9 the land for a civic center by mak=n9 this offer to sell to the City the property described in ~xhibit ,~,,~ attached hereto and made a part hereof~ under the terms stated in th=s We hereby offer to sell this property to you for the sum of $305~000.00. It is our understandln~ that cons=deration shall be paid by the issuance and del=very to us of City of Denton Time Warrants in the amount of $305~00Oo00o We attach hereto Cashier~a check in the amount cf $~ Page 2 ~on. Warren ~hi~son~ Jro~ Mayor and City Coun~=l of the amount of this bid in accordance with Lnatruotions to bidders and the offlcial notLce. Very truly yourst FIRST STATE BARK OF D~TON P~esiden~ Ail that certain tract or parcel of land lying and being situated in the B B B & C R R Co Survey, Abstract No 185, in the City of Denton, in Denton County, State of Texas, described in Warranty Deed from C A Scott, et ux to W C Orr Jr , Trustee, dated December 6, 1962, recorded in Volume 488, Page 129 of the Deed Records of Denton County, Texas, and in Warranty Deed from Bevvie Taliaferro, et al to W C Orr, Jr , Trustee, dated January 10, 1963, recorded in volume 490, Page 241 of the Deed Records of Denton County, Texas, said tract or parcel of land being more particularly described as follows BEGINNING at a point on the North curb line of East McKinney Street in the City of Denton, Texas 61 5 feet East from the East curb line of Austin Avenue, THENCE North with the West line of the aforesaid Taliaferro tract 166 0 feet to a point for corner in a fence at the Northwest corner of the said Taliaferro tract, THENCE East with the North line of the said Taliaferro tract a distance of 32 0 feet to the Northeast corner of said Taliaferro tract, =nd continuing East along the North line of the aforesaid C A Scott tracts of land a distance of 122 0 feet to the Northeast corner of Tract No 2 of the C A Scott property described in the aforesaid Warranty Deed, passing at 69 0 feet the common corner of Tract No 1 and Tract No 2 of the said C A. Scott property; THENCE South along the East line of Tract No 2 of the said C A. Scott property as described in the aforesaid Warranty Deed a distance of 170 5 feet to a point on the North curb line of East McKinney Street; THENCE North 87 degrees 53 minutes West with the said North curb line of East McKinney Street, at 53 1 feet passing the common line between Tract No 1 and Tract No 2 of the afore- said C. A Scott property, at 90 1 feet passing the East line of said Taliaferro tract, as extended, a total distance of 122 1 feet to the place of beginning Ail that certain tract or parcel of land lying and being situated in the B.B.B. & C R.R. Co Survey, Abstract No 185, in the City of Denton, in Denton County, State of Texas, described in Warranty Deed from R M Evers to W C Orr, Jr , Trustee, dated December 5, 1962, recorded in volume 488, Page 71 of the Deed Records of Denton County, Texas, in Warranty Deed from Coca-Cola Bottling Works, to W C Orr, Jr., Trustee, dated December 20, 1962, recorded in volume 490, Page 274 of the Deed Records of Denton county, Texas, in Wa,rranty Deed from Wayne Taylor, et ux to W C Orr, Jr , Trustee, dated November 100 1962, recorded in Volume 487, Page 428 of the Deed Records of Denton county, Texas, and in Warranty Deed from C. L Blair, et ux to W C Orr, Jr , Trustee, dated December 13, 1962, recorded in VOlume 488, Page 266 of the Deed RecOrdS of Denton,County, Texas, said tract or parcel of land being more particularly described as follows~ BEGINNING at the point of intersection of the East line of Subd£vision No 18 of said B B.B & C R R co Survey and the North curb line of East McKinney Street in the City of Denton, Texas~ THENCE North 87 degrees 53 minutes West with the North curb line of East McKlnney Street a total distance of 316 2 feet to the Southwest corner of R M Evers Tract No 1 as described in the aforesaid Warranty Deed, as extended, passing at 125 1 feet the line between the aforesaid Coca-Cola tract and R M Evers Tract No 2 as described in the aforesaid Warranty Deed, as extended, and passing at 225 2 the common line between the said R M Evers Tract No 1 and Tract No 2, as extended! THENCE North with the West line of the said R M Evers Traut No 1 a distance of 230 0 feet to the Northwest corner of the said R M Evers Tract No THENCE East a total distance of 191 0 feet to a point for corner in the West line of the aforesaid Wayne Taylor tract, at 91 0 feet passing the Northeast corner of the said R M Evers Tract No i and the Northwest corner of the said R M Evers Tract No 2~ THENCE North a total distance of 121 5 feet to the Northwest corner of the aforesaid C L Blair tract on the South bank of a creek, passing at 3 5 feet the Northwest corner of the aforesaid Wayne Taylor tract and the Southwest corner of the said C L Blair tract~ THENCE South 69 degrees 43 minutes East with the North line of said C L Blair tract and the South line of said creek 133 3 feet to the Northeast corner of said C L Blair tract on the East line of said Subdivision No 18 of the B B B & C R R. Co Surveyl Kw~kdx~~x~xgm~m~ut~x~x~x~m~ THENCE South with the East line of said Subdivision NO 18 of the B B.B.&C.R R Co Survey a total distance of 317 0 feet to the place of beginning, passing at 71 0 feet the Southeast corner of the said C L Blair tract and the Northeast corner of the said Wayne Taylor tract, and passing at 127 0 feet the Southeast corner of said Wayne Taylor tract and the Northeast corner of the said Coca-Cola tract Ail that certain tract or parcel of land lying and being situated in the B.B.B & C.R R. Co Survey, Abstract No 185, in the City Of Denton, in Denton County, State of Texas, described in Warranty Deed from Robert B Neale, Sr , et ux to W C Orr, Jr , Trustee, dated October 5, lg62, recorded in Volume486, Page 353 of the Deed Records of Denton County, Texas, and in Warranty Deed from E L. Harrison, et al to W C Orr, Jr , Trustee, dated October 16 1962, recorded in Volume 486, Page 651 of the Deed Records of Denton County, Texas, said tract or parcel of land being more particularly described as follows~ BEGINNING at the Southwest corner of the said Robert B Neale, Sr tract! THENCE North a total distance of 254 5 ~eet to the Northwest corner of the said E L Harrison tract, passing at 154 5 feet the Northwest corner of the said Robert B Neale, Sr , tract and the Southwest corner of E L Harrison tract~ THENCE North 89 degrees 30 minutes East with a fence along the North line of said E L Harrison tract 120 0 feet to the Northeast corner of said E L Harrison tract~ THENCE South with the East line of said E L Harrison tract to the Southeast corner of said E L Harrison tract a distance of 100 2 feet, THENCE West along the South line of said E L Harrison tract 20 0 ~eet to the Northeast corner of the said Robert B Neale, Sr tract~ THENCE South with the East line of the said Robert B Neale, Sr , tract a distance of 160 5 feet to the Southeast corner of the said Robert B Neale, Sr , tract, THENCE North 86 degrees 34 minutes West with the South line of the said Robert B Neale, Sr , tract 100 2 feet to the place of beginning Ail that certain tract or parcel of land lying and being situated in the B B.E & C R.R. co Survey, Abstract No 185, in the City of Denton, in Denton County, State of Texas, described in Warranty Deed from B Sessions, et ux to W C Orr, Jr , Trustee, dated January 23, 1963, recorded in Volume 489, Page 124 of the Deed Records of Denton County, Texas, said tract or parcel of land being more particularly described as follows~ BEGINNING at a point in the North line of East McKinney Street in the City of Denton, Texas, said point being 433 5 feet East of the East curb line of Oakland Avenue~ THENCE North with the West line of the aforesaid B Sessions tract a distance of 150 0 feet to a fence corner at the Northwest corner of said B Sessions tract~ THENCE East with a fence along the North line of the said B Sessions tract a distance of 50 0 feet to the Northeast corner of the said B Sessions tract! THENCE South with the East line of the said B Sessions tract a dista~ce of 153 0 feet to the Southeast corner of said B Sessions tract~ THENCE North 86 degrees 34 minutes West with the South line of the said E SeSSiOns tract and the North line of East McKinney Street a distance of 50.1 feet to the place of beginning