1998-113AN 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 m the
City of Denton, Texas, and
WHEREAS, the City of Denton declared the habd~ty of adjacent property owners for a
portion of the cost of improving po~ons of various streets described ~n smd orchnances, and
declared the same to be a lien upon the abutting properties, and
WHEREAS, the City has heretofore attempted to collect an unpmd balance of one certain
pawng assessment lien from Pdcky C Daniels and wife, Shem A Daniels ("Daniels") who are
the present owners of the real property commonly known as 724 Dnl%vood Trtul, Denton,
Denton County, Texas, which real property the City has alleged ~s subject to and encumbered by
the above.referenced paving assessment lien arising under the aforesmd ordinances, and
WHEREAS, Darnels, acting through their title insurer, has disputed the validity of the
C~ty's specml paving assessment lien, because of an alleged msuffiment property description
contained in the foregoing ordxnances, and have requested that the City review and consider all
relevant documents and anthontles, and thereat~er 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 m
support of and contrary to the Daniels' clmm as well as all apphcable legal authorities, and has
advised the City Council that the Darnels' request for release of the above-described paving
assessment hen respecting the real property commonly known as 724 Driftwood Tra~l, 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 lien which arose under the above-described orrhnances
agamst the real property commonly known as 724 Driftwood Trml, Denton, Denton County,
Texas, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ The City Council hereby approves the release of the special pamng
assessment lien arising under Ordinance Numbers 61-16, 61-22, and 61-24 respecting the real
property commonly known as 724 Driftwood Trml, Denton, Denton County, Texas
~ That the Mayor ~s hereby authorized to execute the Release of Special
Pawng Assessment L~en attached hereto, or a s~mdar form of release approved by the C~ty
Attorney
~ That tins orrhnance shall become effective tmmedlately upon \ts passage
and approval
PASSED AND APPROVED thru the O~t/~day of t~'/' / ,1998
I
JA~9,~vlILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\OrdmaneesLoS\724 Driftwood Trail doe
RELEASE OF SPECIAL PAVING ASSESSMENT LIEN
THE STATE OF TEXAS §
COUNTY OF DENTON §
~IEREAS, the City Council oftbe City of Denton, Texas, has heretofore by Ordinance No 61-16
duly enacted on .luly 11, 1961, determined the necessity for and ordered the tmproveraent of various streets m the
City of Denton, Texas, m the manner and acenrdmg to the plans and specifications tbe~efore, wluch plans and
specifications have bere~ofore been approved and adopted by smd City Council, and
WHEREAS, a ncOce duly executed m the name of the City of Denton, Texas, of the enactment of the
above-described ordinance has heretofore on the 29~ day of August, 1961, been filed m the Deed Records of
Denton County, Texas, m Volume 472, Page 144, and
WHEREAS, the CIW Council of the City of Denton, Texas, by Ordinance No 61-24, duly enacted on
the 10k day of October, 1961, declared tho liability of the adjacent property owners for a po~on of the cost of
lmprovmfl pomons of various streets descnbed thereto and m Ordinance No 61 - 16, and declared the same to be a
hen upon the smd abut~ng propemes, and
WHEREAS, Ordinance No 61-24 has heretofore on the 21a day of October, 1966, been filed m the
Deed Records of Denton County, Texas m Volume 543, Page 233, and
WHEREAS, one of the tracts of real property described m the foregumg ordinances, w~ttun "UNIT NO
45" thereof, contained an incomplete and insufficient legal description generally set forth as "Smart Road Frore
" d
The North Line Of Sherman Drive To C~est Side) 120' North Of The No~h Line Dnftwcod Tnul , an
WHEREAS, at~ached hereto as Exlubit "A" and mcerporated herewith by reference, is the legal
description and additional pe~tment ident~f3'mg mformat~on respecting the tract of real property encumbered by
the aforeamd special paving assessment lien wlueh Is to be released hereby, and
WHEREAS, pursuant to TEX PROPERTY CODE § 13 001 and 13 002 (Vernon 1984), m order to be
a vahd han, enforceable as to a subsequent purchaser for valuable coasldemt~on, and unthout notice, a special
paving assessment lien must contain a legal description wluch describes tho encumbered renhty uath reasonable
certainty and be filed for record tn the County where the affected real property is s~tuated, and
WHEREAS, the legal desenpt,on contmned m the above-described ordinances f',uls to comply uath the
legal requirements of the TEX PROPERTY CODE §13 001 and 13 002, as the real property described m
Exhibit "A" hereto, and accordingly tho filing and recor&ng of the documents erentmg the special paving
assessment lien, roll be insufficient to unpart constructive not~ce of the lien's existence to a bona-fide purchaser,
for value, and
WHEREAS, by Warranty Deed filed on the 20~' day of May, 1981, and recorded as Document No
14665 m the Deed Records of Denton County, Texas, Thomas Ray Payne and Gloria Jean Payne conveyed the
subject real property to Pdeky C Darnels and w~fe, Shem A Darnels, who are bona-fide purchasers of the
subject realty, for value, and vnthout notice of the existence of the above-desenhed special paving assessment
hen, and
WHEREAS, for the foregoing reasons, the smd special pavmg assessment lien is not a valid and
enforceable lien agumst the subject re, al property described m Exlublt "A" attached hereto, NOW,
THEREFORE,
The smd C~ty of Denton, Texas, does hereby louver RELEASE the real property descnbed m Extub~t
"A" from any and all spee~ assessment liens and clmms arising by wrtue of the improvements described m the
aforesmd ordmunces by the City Council, m the aforesmd not~oe recorded m Volume 472, Page 144 of the Deed
Records of Denton County, Texas, and m Ordmunce No 61-24 recorded m Volume 543, Page 233 of the Deed
Records of Dentun, County, Texas
Notw~thstundmg fiae fo~omg matters, the City of Denton, Texas, expressly ~serves, and m no way
releases or &scharges the personal hablhty respecting any and all mnauang balance of indebtedness owing to the
City pursuant ~ the paving assessments hereto descnbed, of W W Ks~ner, the record owner of the real
property described m Exlub~t "A", and commonly known as 724 Driftwood Trml, Denton, Denton County,
Texas, at the tnne tho above refe~oced ordinances providing for street improvements were enacted
CITY OF DENTON, TEXAS
BY JA~
ATI'EST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATrORNEY
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
Tlus instrument was acknowledged before me on the ,~/ . day ~of 1998 by
]ack Miller, Mayor of Denton, Texas, a mumc~pal corporation, on behalf ot smo