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1997-070J \WPDOCS\ORD\1904WHIP ORD ORO NANCE NO 7 7- 0 70 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 ad3acent property owners for a portion of the cost of improving portions of various streets described ~n 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 l~ens assessed against abuttlng 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 Whlpporwlll, C~ty of Denton, Denton County, Texas, which was cla~med as homestead by the record owners thereof at the time the above-referenced paving improvements were ordered, and for which no mechanic's l~en 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 Whlpporwlll, 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 herelnabove ~ That th~s ordinance shall become effective lmmedlately upon its passage and approval PASSED AND APPROVED th~s the ~ day of ~ , 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY BY 4~1 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 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 Councll; 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 10th 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 here~n 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 f~led 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 wlfe Janet Gordon on the 15th day of September, 1961 respectang 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 faled 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 Flkes and wafe, Llla Ray Flkes, who are bona-fade purchasers of the subject realty, for value, and wathout notice of the existence of the unrecorded Mechanic's Lien Contract; and WHEREAS, for the foregoing reasons, the said Mechanic's Laen Contract as not a valad and enforceable lien against the subject real property described in Exhibit "A" attached hereto, NOW, THEREFORE, The said Caty 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 an 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 llabalaty of R. D. Gordon and wife, Janet Gordon, the record owners of the real property described in Exhibit "A", and commonly known as 1904 Whlpporwlll Lane, Denton, Denton County, Texas, at the tame the above referenced ordanances providing for street improvements were enacted EXECUTED this the ~~- day of ~ ~ , 1997. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 CORPORATE ACKNOWLEDGMENT STATE OF TEXAS S COUNTY OF DENTON S ~ Thi.s ~nstrument was acknowledged before me on the ~ day of f~/l~ , 1997 by Jack Miller, Mayor of Denton, Tex~s,-~ m~nicipal corporation, on behalf of said city Notary ~ublic in ~(nd fq~ the State of Texas My co..i.s~on Exp~ree ~ ~' ANN FORSYTHE ~ No~ry Public, S~te of To~s ~ ~ ~.;~'MyOommJulon Expires 0S-~-1998~