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Home My WebLink About1998-113ORDINANCE NO '!�3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE RELEASE OF A SPECIAL PAVING ASSESSMENT LIEN ARISING UNDER ORDINANCES NO 61-16, 61-22, AND 61-24 RESPECTING THE REAL PROPERTY COMMONLY KNOWN AS 724 DRIFTWOOD TRAIL, DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE SAID RELEASE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas has heretofore, by Ordinance Numbers 61-16, 61- 22, and 61-24 determined the necessity for and ordered the improvement of various streets in the City of Denton, Texas, and WHEREAS, the City of Denton declared the liability of adjacent property owners for a portion of the cost of improving portions of various streets described in said ordinances, and declared the same to be a hen upon the abutting properties, and WHEREAS, the City has heretofore attempted to collect an unpaid balance of one certain paving assessment lien from Ricky C Daniels and wife, Shem A Daniels ("Daniels") who are the present owners of the real property commonly known as 724 Driftwood Trail, Denton, Denton County, Texas, which real property the City has alleged is subject to and encumbered by the above -referenced paving assessment hen arising under the aforesaid ordinances, and WHEREAS, Daniels, acting through their title insurer, has disputed the validity of the City's special paving assessment hen, because of an alleged insufficient property description contained in the foregoing ordinances, and have requested that the City review and consider all relevant documents and authorities, and thereafter grant Daniels a release of the subject real property from the paving assessment hen arising under the foregoing ordinances, and WHEREAS, the City Attorney's Office has reviewed all documents and records in support of and contrary to the Daniels' claim as well as all applicable legal authorities, and has advised the City Council that the Daniels' request for release of the above -described paving assessment hen respecting the real property commonly known as 724 Driftwood Trail, Denton, Denton County, Texas, is meritorious, and WHEREAS, accordingly the City Council of the City of Denton, Texas, therefore desires to release the special paving assessment hen which arose under the above -described ordinances against the real property commonly known as 724 Driftwood Trail, Denton, Denton County, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. The City Council hereby approves the release of the special paving assessment hen arising under Ordinance Numbers 61-16, 61-22, and 61-24 respecting the real property commonly known as 724 Driftwood Trail, Denton, Denton County, Texas U IQN II. That the Mayor is hereby authorized to execute the Release of Special Paving Assessment Lien attached hereto, or a similar form of release approved by the City Attorney 4F.C1ION III. That this ordinance shall become effective immediately upon its passage and approval / PASSED AND APPROVED this the `'day of / l 1998 JA ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY I �/VQL'f S \Our Documents\Ordmances\98\724 Dnftwood Trail doc RELEASE OF SPECIAL PAVING ASSESSMENT LIEN THE STATE OF TEXAS COUNTY OF DENTON WHEREAS, the City Council of the City of Denton, Texas, has heretofore by Ordinance No 61-16 duly enacted on July 11, 1961, determined the necessity for and ordered the Improvement of various streets in the City of Denton, Texas, in the manner and according to the plans and specifications therefore, which plans and specifications have heretofore been approved and adopted by said City Council, and WHEREAS, a nonce duly executed in the name of the City of Denton, Texas, of the enactment of the above -described ordinance has heretofore on the 20 day of August, 1961, been filed in the Deed Records of Denton County, Texas, in Volume 472, Page 144, and WHEREAS, the City Council of the City of Denton, Texas, by Ordinance No 61-24, duly enacted on the I day of October, 1961, declared the liability of the adjacent property owners for a portion of the cost of improving portions of various streets described therein and in Ordinance No 61-16, and declared the same to be a lien upon the said abutting properties, and WHEREAS, Ordinance No 61-24 has heretofore on the 21" day of October, 1966, been filed in the Deed Records of Denton County, Texas in Volume 543, Page 233, and WHEREAS, one of the tracts of real property described in the foregoing ordinances, within "UNIT NO 45" thereof, contained an incomplete and insufficient legal description generally set forth as "Stuart Road From The North Line Of Sherman Drive To (West Side) 120' North Of The North Line Driftwood Trail", and WHEREAS, attached hereto as Exhibit information respectingec tract of real property encumbered by rated herewith by reference, is the legal description and additional pertinent identifying the aforesaid special paving assessment lien wluch is to be released hereby, and WHEREAS, pursuant to TEX PROPERTY CODE § 13 001 and 13 002 (Vernon 1984), in order to be a valid lien, enforceable as to a subsequent purchaser for valuable consideration, and without notice, a special paving assessment lien must contain a legal description winch describes the encumbered reality with reasonable certainty and be filed for record in the County where the affected real property situated, and WHEREAS, the legal description contained in the above -described ordinances fails to comply with the legal requirements of the TEX PROPERTY CODE § 13 001 and 13 002, as the real property in Exhibit "A" hereto, and accordingly the filing and recording of the documents creating the special paving assessment lien, will be insufficient to impart constructive notice of the lien's existence to a bona -fide purchaser, for value, and WHEREAS, by Warranty Deed filed on the 2e day of May, 1981, and recorded as Document No 14665 in the Deed Records of Denton County, Texas, Thomas Ray Payne and Glona Jean Payne conveyed the subject real property to Ricky C Damels and wife, Shem A Daniels, who are bona -fide purchasers of the subject realty, for value, and without notice of the existence of the above -described special paving assessment lien, and WHEREAS, for the foregoing reasons, the said special paving assessment lien is not a valid and enforceable lien against the subject real property described in Exhibit "A" attached hereto, NOW, THEREFORE, The said City of Denton, Texas, does hereby forever RELEASE the real property described in Exhibit "A" from any and all special assessment liens and claim arising by virtue of the improvements described in the aforesaid ordinances by the City Council, in the aforesaid notice recorded in Volume 472, Page 144 of the Deed Records of Denton County, Texas, and in Ordinance No 61-24 recorded in Volume 543, Page 233 of the Deed Records of Denton, County, Texas Notwithstanding the foregoing matters, the City of Denton, Texas, expressly reserves, and in no way releases or discharges the personal habrhty respecting any and all remaining balance of indebtedness owing to the City pursuant to the pavmg assessments herem described, of W W Kremer, the record owner of the real property described in Exhibit '"A", and commonly known as 724 Driftwood Trail, Denton, Denton County, Texas, at the time the above referenced ordinances providing for street improvements were enacted EXECUTED this the � day of W 120 ` 1998 CITY OF DENTON, TEXAS BY .(.I.-- ]AC4LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP VED TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY iw-j` Iki CORPORATE ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON § This instrument was acknowledged before me on the day of 1998 by Jack Miller, Mayor of Denton, Texas, a municipal corporation, on behalf of Bard c =41=Y6 oxoo ) 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