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HomeMy WebLinkAbout1994-190J:\NPDOCS\ORD\LYN?H.ORD ORDINANCE NO. q!y -/90 AN ORDINANCE ACCEPTING THE DEDICATION FROM JAMES D. LYNCH AND WIFE JOYCE LYNCH OF LOTS 6,7,8, AND 9, BLOCK G, OF AVONDALE ADDITION, SECTION THREE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS FOR PUBLIC PARK PURPOSES SUBJECT TO CONDITIONS REGARDING DELINQUENT AD VALOREM TAXES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City of Denton, Texas, accepts the dedication of Lots 6,7,8, and 9, Block G, of Avondale Addition, Section Three, in the City of Denton, Denton County, Texas, as offered by the warranty deed for public park use executed by James D. Lynch, and wife Joyce Lynch, a copy of which is attached hereto. SECTION II. That the adoption of this ordinance shall not in any way limit the legal remedies of any taxing entity with jurisdiction over the subject property to pursue the collection of delinquent taxes accruing during the ownership of this property by James D. Lynch and wife Joyce Lynch. The ownership of the property proposed for dedication by Mr. and Mrs. Lynch shall end on the date of acceptance of this dedication which is effective on the date of adoption of this ordinance. SECTION III. That in consideration of this dedication, the City of Denton agrees not to pursue the collection of delinquent ad valorem taxes owed to the City for the years 1989 through 1994. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of DC , 1994. /cif✓ BOB CASTLEBERRY, MAYORI ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: CL— APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: /Z��'"� � e WARRANTY DEED Date: September S _ , 1994 Grantor: James D. Lynch, and wife, Joyce Lynch Grantor's mailing address: (including county) P.O. Box 1943 Denton, Denton County, Texas 76202 Grantee: City of Denton, Texas Grantee's mailing address: (including county) 215 E. McKinney Denton, Denton County, Texas 76201 Consideration: The assumption by Grantee for payment of all ad valorem taxes assessed by the City of Denton, Texas on the real property described below for the years 1989 through 1994. Property (including any improvements): Three, an Lots 6, 7, 81 and 9, Block G. of Avondale Addition, Section Addition othe City of according othe plat thereof recorded ninnVolume 7, Page , Denton Count6, ofxas the' Plat Records of Denton County, Texas. Reservations from and exceptions to conveyance and warranty: This conveyance is made subject to all valid and subsisting easements, restrictions, rights of way, conditions, exceptions, reservations and covenants of whatsoever nature of record, if any, and also to the zoning laws and other restrictions, regulations, statutesordinances and o u authorities applicabletoand enforceable against overnmental the above described real property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty and the acceptance Of this deed by Grantee by resolution or ordinance approved by the City Council, City of Denton, Texas on or before October 5, 1994, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee and Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and WARRANTY DEED, PAGE 1 successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires the plural. STATE OF TEXAS COUNTY OF DENTON singular nouns and pronouns include J s D. Lynch By h's Attorney -in -Fact: JyeLych oy a Ly ch This Instrument was acknowledged before me on the day of September, 1994, by Joyce Lynch, individually and as Attorney -in - Fact for James D. Lynch. �o�'"A"°�r� RUTHANN STOVALL COX Notary Public, State of i¢yaa Cyry4f,,.a My Commission EKDiras 1017.96 After recording return to: City Attorney's Office City of Denton 215 E. McKinney Denton, Texas 76201 WARRANTY DEED, PAGE 2 Notary Public, State of Texas Prepared by: Minor & Jester Attorneys at Law P. O. Box 280 Denton, TX 76202 GENERAL POWER OF ATTORNEY KNOW ALL MEN PY THESE PRESENTS that JAMES D. LYNCH of Denton, Denton County, Texas, constitute and appoint JOYCE E. LYNCII my true and lawful attorney in fact, to act in, manage, and conduct all my property, estate and affairs, and for that purpose and for me! and in my stead, name, place and for my use and benefit, and as my act and deed, to do and execute, or to connur with persons jointly interested with myself therein in the doing or executing, of all or any of the following acts, deeds, and things, that is: 1. To buy, receive, lease, accept, or otherwise acquire, to sell convey, mortgage, pledge, quit claim or otherwise encumber or dispose of or to contract or agree for the acquisition, disposal or encumbrance or any real, personal or mixed property whatsoever or any custody, possession, interest or right therein, upon such terms, consideration and conditions as my said attorney shall think proper. 2. To take, hold; possess, invest, lease, or let, or otherwise manage and sell any or all of my real, personal or mixed property or any interest, therein; to eject, remove or relieve tenants or other persons from, and recover possession of such property by all lawful means; and to maintain, protect, preserve, insure, store, or alter, or improve the same or any part thereof; 3. To make, do and transact all and every kind of business of what ever nature, including the reciept, recover, collection, pay- , ment,,settlement of all accounts, interests, demands, debts, taxes, and all obligations which may now or hereafter be due, owing, and payable to or by me; 4. To make, indorse, accept, receeve, sign; seal; execute; acknowledge, and deliver any and all deeds, assignments, checks. notes,, and receipts, and such other instruments in writing of what- ever kind and nature as may be necessary, or proper in the premises; 5. To deposit and withdraw for the purpose hereof, in either my said attorney's name or my name or jointly in both our names, in or from any banking, trust or investment institution including postal savings, my funds, negotiable paper, or money which may come into my said attorney's hands as such attorney or which I now or heretoafter have on deposit or be entitled to; 6. To contract loans and to borrow any sums of money in my name and upon such terms as my said attorney shall see fit, and to pledge or give as security therefor any or all of my said property; 7. To institute, prosecute, defend, compromise and dispose of legal, equitable, or adminstrative hearings, actions, suits, or other proceedings, or otherwise engage in litigation in connection with the premises; B. To act as my attorney or proxy in respect to any stocks, shares, bonds or other investments, rights, or interest, I may now i hold; 9. To occupy expend or use all or any part of my said estate as now or hereafter constituted for the education, care, support, and benefit of any and all my legitamate children; 10. To execute and deliver vouchers in my behalf for any pay and allowances and reimbursements properly payable to me by the United States, including but not restricted to, allowance and reimbursements for transportation of dependents or for shipment of household effects as authorized by law and military or naval regulations 11. To execute, acknowledge, present, and prosecute any claim or demand whatsoever on or against the Government of the United States, or any sovereign state or authority, or any political subdivision thereof; 12. To recieve, indorse, and collect checks or United States Government Bonds payable to the order of or owned solely or jointly by the undersigned drawn on or issued by the Treasurer or other fiscal officer of the United States, or any other state of political subdivision; 13. To prepare; execute, and file income and other tax returns, and other government reports, applications, and documents. GIVING AND GRANTING unto my said attorney full power and authori to do and perform all and every act deed, matter and thing whatsoever in and about my estate, property, and affairs, as fully and effectual. to all intents and purposes as I might or could do in my own person if personally present, the above specifically enumerated powers being in aid and exemplification of the full, complete, and general powers herein granted and not in limitation thereof; and hereby ratifying al.: that my said attorney shall lawfully do or cause to be done by virtue of these presents; PROVIDED however, that none of the powers conferrer by this instrument shall include the power to accept or receive any legal notice, summons or service related to my said estate, property, or affairs, or to enter appearance in any action before any judicial or adminstrative offical or tribunal relative to my said estate, unless, until and except for my said attorney having first retained in each instance a lawyer of his own choosing. IN WITNESS WHEREOF, I set my hand and seal on this 13th day Of October , 1983. / _— amen D, Lynch lam - State of Texas County of Denton This instrument was acknowledged before me of the 13th day of October , 1983. Notary Public Anna Koiner My Commission Expires 5-13-87 na CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTYOFDENTON CITY OF DENTON 0771242 1242 I, the undersigned, City Secretary of the City of Denton, Texas, (the "City") DO HEREBY CERTIFY that according to the records of the 'City of which I am custodian, that: the attached is a true and accurate copy of Ordinance No. 94-190 as approved by the City of Denton City Council on October 4, 1994. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 6th day of October, 1994. ty of Denton, Texas AMM00535 ':1.NPD0C5\CRD\LYNCH.0RD ORDINANCE NO. 9!� J90 AN ORDINANCE ACCEPTING THE DEDICATION FROM JAMES D. LYNCH AND WIFE JOYCE LYNCH OF LOTS 6,7,8, AND 9, BLOCK G, OF AVONDALE ADDITION, SECTION THREE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS FOR PUBLIC PARK PURPOSES SUBJECT TO CONDITIONS REGARDING DELINQUENT AD VALOREM TAXES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City of Denton, Texas, accepts the dedication of Lots 6,7,8, and 9, Block G, of Avondale Addition, Section Three, in the City of Denton, Denton County, Texas, as offered by the warranty deed for public park use executed by James D. Lynch, and wife Joyce Lynch, a copy of which is attached hereto. SECTION II. That the adoption of this ordinance shall not in any way limit the legal remedies of any taxing entity with jurisdiction over the subject property to pursue the collection of delinquent taxes accruing during the ownership of this property by James D. Lynch and wife Joyce Lynch. The ownership of the property proposed for dedication by Mr. and Mrs. Lynch shall end on the date of acceptance of this dedication which is effective on the date of adoption of this ordinance. SECTION III. That in consideration of this dedication, the City of Denton agrees not to pursue the collection of delinquent ad valorem taxes owed to the City for the years 1989 through 1994. SECTION IV. That this ordinance shall become effective immediately upon i,ts,passage and approval. PASSED AND APPROVED this the day of O , 1994. BOB CASTLEBERRY, MAY O 7 ATTEST: 1 JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: c e/( RETURN TO: City of Denton 215 E. McKinney Denton. TX 76201 ATTN: Roger N. Wilkinson ANY PROVISION HEREIN WHICH RESTRIt1TDTHESALE RENTAL,ORV^E OF THE. OESCRIDEO HEAL PFlOPERTV BECAUSE OF CKOR OR RACE J VALIOANUUNENF RCEASLEHNDERFEOERALLAW. HESJAIEOFTEXAS tt 0%,IYOgENTON / NI99 ycull YYthatthlelABhumomwaeFILED In IheFlleNumberSee4dueneeon ottandtltetlnw etampcd hereon hyme:endwee duNRECORD".Inthe OIIIaIolPupllcRacorrs ����••�.:-�r.!pentonCnunl6 oraeon OCT 111994 �pe DfNrM,� '"yj,�r���q�S TM l DENTON TEXAS *4 Filed for Record in: DENTON COUNTYe TX HONORABLE TIM HODOES/COUNTY CLERK On Oct 11 1994 At 9:5&am Doc/Hunt : 94—ROB77742 Doc/Type : OR Recording: 7.00 Doc/Mgmt : 6.00 Receipt N: 29767 Deputy — SHELLEY WARRANTY DEED Date: September � , 1994 077 743 Grantor: James D. Lynch, and wife, Joyce Lynch Grantor's mailing address: (including county) P.O. Box 1943 Denton, Denton County, Texas 76202 Grantee: City of Denton, Texas Grantee's mailing address: (including county) 215 E. McKinney Denton, Denton County, Texas 76201 Consideration: The assumption by Grantee for payment of all ad valorem taxes assessed by the City of Denton, Texas on the real property described below for the years 1989 through 1994. Property (including any improvements): Lots 6, 7, 8, and 9, Block G, of Avondale Addition, Section Three, an Addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 7, Page 6, of the Plat Records of Denton County, Texas. Reservations from and exceptions to conveyance and warranty: This conveyance is made subject to all valid and subsisting easements, restrictions, rights of way, conditions, exceptions, reservations and covenants of whatsoever nature of record, if any, and also to the zoning laws and other restrictions, regulations, ordinances and statutes of municipal or other governmental authorities applicable to and enforceable against the above described real property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty and the acceptance of this deed by Grantee by resolution or ordinance approved by the City Council, City of Denton, Texas on or before October 5, 1994, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee and Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and WARRANTY DEED, PAGE 1 successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires the plural. STATE OF TEXAS COUNTY OF DENTON singular nouns and pronouns include 1Al� 17t10 s D. Lynch By h's Attorney -in -Fact: J y e Ly4ich oy a Ly ch This Instrument was acknowledged before me on the d? day of September, 1994, by Joyce Lynch, individually and as Attorney -in - Fact for James D. Lynch. xmar;.�;ro�cxn k Notary f uolio, state of Texas Commiselon Expires 10.17.95 After recording return to: City of Denton 215 E. McKinney Denton, Texas 76201 RETURN TO: City of Denton 215 E. McKinney Denton, TX 76201 ATTN: Roger N. Wilkinson WARRANTY DEED, PAGE 2 Notary Public, State of Texas Prepared by: Minor & Jester Attorneys at Law P. O. Box 280 Denton, TX 76202 GENERAL POWER OF ATTORNEY KNOW ALL MEN P_Y TIiESE PRESENTS that JAMES D. LYNCH of Denton, Denton County, Texas, constitute and appoint JOYCE E. LYNCH my true and lawful attorney in fact, to act in, manage, and conduct all my property, estate and affairs, and for that purpose and for ME! and in my stead, name, place and for my use and benefit, and as my act and deed, to do and execute, or to concur with persons jointly interested with myself therein in the doing or executing, of all or any of the following acts, deeds, and things, that is: 1. To buy, receive, lease, accept, or otherwise acquire, to sell convey, mortgage, pledge, quit claim or otherwise encumber or dispose of or to contract or agree for the acquisition, disposal or encumbrance or any real, personal or mixed property whatsoever or any custody, possession, interest or right therein, upon such terms, consideration and conditions as my said attornev shall think proper. 2. To take, hold; possess, invest, lease, or let, or otherwise manage and sell any or all of my real, personal or mixed property or any interest, therein, to eject, remove or relieve tenants or other persons from, and recover possession of such property by all. lawful means; and to maintain, protect, preserve, insure, store, or alter, or improve the same or any part thereof; 3. To make, do and transact all and every kind of business of what ever nature, including the reciept, recover, collection, pay- ment,.,settlement of all accounts, interests, demands, debts, taxes, and all obligations which may now or hereafter be due, owing, and payable to or by me; 4. To make, indorse, accept, recieve, sign, seal, execute, acknowledge, and deliver any and all deeds, assignments, checks. notes, and receipts, and such other instruments in writing of what- ever kind and nature as may be necessary, or proper in the premises; 5. To deposit and withdraw for the purpose hereof., in either my said attorney's name or my name or jointly in both our names, in or from any banking, trust or investment institution including postal savings, my funds, negotiable paper, or money which may come into my said attorney's hands as such attorney or which I now or heretoafter have on deposit or be entitled to; 6. To contract loans and to borrow any sums of money in my name and upon such terms as my said attorney shall see fit, and to pledge or give as security therefor any or all of my said property; 7. To institute, prosecute, defend, compromise and dispose of legal, equitable, or adminstrative hearings, actions, suits, or other proceedings, or otherwise engage in litigation in connection with the premises; 8. To act as my attorney or proxy in respect to any stocks, shares, bonds or other investments, rights, or interest, I may now hold; 9. To occupy expend or use all or any part of my said estate as now or hereafter constituted for the education, care, support, and benefit of any and all my legitamate children; 10. To execute and deliver vouchers in my behalf for any pay and allowances and reimbursements properly payable to me by the United States, including but not restricted to, allowance and reimbursements for transportation of dependents or for shipment of household effects as authorized by law and military or naval regulations; 11. To execute, acknowledge, present, and prosecute any claim or demand whatsoever on or against the Government of the United States, or any sovereign state or authority, or any political subdivision thereof; 12. To recieve, indorse, and collect checks or United States Government Bonds payable to the order of or owned solely or jointly by the undersigned drawn on or issued by the Treasurer or other fiscal officer of the United States, or any other state of political subdivision; 13. To prepare; execute, and file income and other tax returns, and other government reports, applications, and doctunents. GIVING AND GRANTING unto my said attorney full power and authorit, to do and perform all and every act deed, matter and thing whatsoever in and about my estate, property, and affairs, as fully and effectuall., to all intents and purposes as I might or could do in my own person if personally present, the above specifically enumerated powers being in aid and exemplification of the full, complete, and general powers herein granted and not in limitation thereof; and hereby ratifying all that my said attorney shall lawfully do or cause to be done by virtue t of these presents; PROVIDED however, that none of the powers conferred by this instrument shall include the power to accept or receive any legal notice, summons or service related to my said estate, property, or affairs, or to enter appearance in any action before any judicial or adminstrative offical or tribunal relative to my said estate, unless, until and except for my said attorney having first retained in each instance a lawyer of his own choosing. IN WITNESS WHEREOF, I set my hand and seal on this 13th day of octQber I, 1983. i amen D. Lynch �— State:of Texas County of Denton This "instrument was acknowledged before me of the 13th day of i Octq]igr _ , 1983. Notary Public Anna Koiner My Commission Expires 5-13-87 ANY PROVISION HEAEINWVIICI�EErv1�IC ST�IE SAIE RENTAL,ORU1 OF THE PESCHICEO REAI, RQ fl E AU E 0S LALOR OR RACE iS I VALI0 NPIINENFOOOEAOLb dE MRALLAW. HESTAIEOFIEXAS} OUP iYOFppENTON ere esgl IMIhhIMUM01111W3FILED InHis FlNNumberSeeuelfledn "I"no antl`W6iesta Whereon by me: and was duNRECOHOEO,In010 OHMFuml'ftord:^•^^'wp+er•"menton County, Beeson OCT 111994 '�jf�'� �4pe0[N)pM1,C COUNTYCLEU OENTON COUNTY TEXAS.. *c Filed for Record in: DENTON COUNTY, TX 10: City of Centon NONORRDLE TIN NODGES/COUNTY CLERKDenton. RETURN 215 E. McKinney TX 76101 On Oct 11 1994 Al -TN: Rcler N. Wilkinadn At 91158am Doc/Num : 94—R0077743 Doe/Type : WD Recording: 13.00 Doc/Ngmt : 6.00 Recei t N: 29767 Depu y — SHELLEY