HomeMy WebLinkAbout1997-070i \WPD0C5\0RD\1904WHIP ORD
ORDINANCE NO 17 - 076
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE RELEASE OF
PAVING LIENS ASSESSED AGAINST HOMESTEAD BY ORDINANCE NO 61-16
RELATING TO THE PROPERTY COMMONLY KNOWN AS 1904 WHIPPORWILL, CITY
OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE SAID RELEASE,
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, 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, 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 lien upon the abutting properties, and
WHEREAS, the City of Denton has cross-referenced Denton County
Tax Records for the appropriate time periods with City paving lien
records, and has reviewed additional land title records in some
cases, and determined that a portion of the liens assessed against
abutting properties were assessed against properties which were
claimed as homestead at the time the improvements were ordered, and
no mechanic's lien contract was executed prior to the commencement
of the improvements, and
WHEREAS, on the 24th day of October, 1995, the City Council of
the City of Denton, Texas duly enacted Ordinance No 95-211
providing for approval of the release of certain tracts of land
situated in the City of Denton, Texas from paving liens assessed
against homesteads by Ordinance No 61-16, as well as for other
subsequent street improvement ordinances, and
WHEREAS, the City Council of the City of Denton desires to
release the liens which were assessed against that certain lot or
parcel of land commonly known as 1904 Whipporwill, City of Denton,
Denton County, Texas, which was claimed as homestead by the record
owners thereof at the time the above -referenced paving improvements
were ordered, and for which no mechanic's lien contract was ever
filed of record as required by law, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I, That the City Council hereby approves the release
of paving liens assessed against the lot or parcel of land commonly
known as 1904 Whipporwill, City of Denton, Denton County, Texas, by
Ordinance No 61-16, for which no valid mechanic's lien contract
was ever filed of record as required by law
SECTION II That the Mayor is hereby authorized to execute the
release attached hereto and incorporated herein as if set forth at
length for the above described property which was determined to be
assessed against homestead by cross-referencing the records set
forth hereinabove
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the All'- day of -7)L4A4J_� , 1997
944J'w_ �
J MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
A \GORDON REL
RELEASE OF PAVING LIEN
ASSESSED AGAINST HOMESTEAD
BY ORDINANCE NO. 61-16
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 notice duly executed in the name of the City of
Denton, Texas, of the enactment of the above -described ordinance
has heretofore on the 29th 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 loth 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 21st day of
October, 1966, been filed in the Deed Records of Denton County,
Texas in Volume 543, Page 233; and
WHEREAS, a portion of the properties abutting the various
streets described in Ordinance No 61-16 and Ordinance No. 61-24
were claimed as homestead at the time the improvements were
ordered; and
WHEREAS, attached hereto as Exhibit "A" and incorporated
herein as if set forth at length is a description of one of those
properties which was claimed as homestead, according to Denton
County tax records, at the time the improvements were ordered and
for which no mechanic's lien contract was executed and filed for
record; and
WHEREAS, pursuant to TEX CONST. art XVI, §50, a lien declared
upon abutting property is void if the property was claimed as a
homestead at the time the improvements were ordered and no
mechanic's lien contract was executed by the owner prior to the
work being performed; and
WHEREAS, pursuant to TEX. PROPERTY CODE §13.001(a) (Vernon
1984) in order to be a valid lien, enforceable as to a subsequent
purchaser for valuable consideration, and without notice, a
mechanic's lien contract must be acknowledged and filed for record
in the County where the affected real property is situated; and
WHEREAS, although a mechanic's lien contract was executed and
acknowledged by R.D. Gordon and wife Janet Gordon on the 15th day
of September, 1961 respecting the street improvements referenced
above, the said mechanic's lien contract was never filed for record
in the appropriate Denton County records; and
WHEREAS, by Warranty Deed filed on the 31st day of July, 1963,
and recorded as Document No 6731 in the Deed Records of Denton
County, Texas, R D. Gordon and wife, Janet Gordon conveyed the
subject real property to Charles W Fikes and wife, Lila Ray Fikes,
who are bona -fide purchasers of the subject realty, for value, and
without notice of the existence of the unrecorded Mechanic's Lien
Contract; and
WHEREAS, for the foregoing reasons, the said Mechanic's Lien
Contract 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 claims arising by virtue of the improvements
described in the aforesaid ordinances by the City Council of said
city, 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 liability of R. D. Gordon and wife, Janet Gordon, the
record owners of the real property described in Exhibit "A", and
commonly known as 1904 Whipporwill Lane, Denton, Denton County,
Texas, at the time the above referenced ordinances providing for
street improvements were enacted
EXECUTED this the 4� day of _/ L� , 1997.
CITY OF DENTON, TEXAS
BY��y
K MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS TO LEGAL FORM.
HERBERT L. PROUTY, CITY ATTORNEY
BY'
PAGE 2
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CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This nstrument was acknowledged before me on the e day of
1997 by Jack Miller, Mayor of Denton,
Tax s, a municipal corporation, on behalf of said city
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