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1984-004NO ~Q AN ORDINANCE CLOSING THE HEARING AND LEVING AN ASSESSMENT ON THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING THE STREETS SPECIFIED HEREIN, FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFI- CATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, PROVIDING FOR THE MANNER OF PAYMENT OF SUCH ASSESSMENT, THE RATE OF INTEREST AND THE CONDITIONS OF DEFAULT THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I The City Council of the City of Denton, Texas, finds the City Engineer has prepared an estimate of the cost of street and drainage improvements on Ridgeway Drive, the estimate of cost having been completed and filed in the office of the City Engineer ten (10) days prior to the date of this ordinance and the esti- mates of cost so prepared and filed are hereby approved The City Council further finds that the plans and specifications prepared by the City Engineer for the improvements of the herein named streets are satisfactory, and such plans and specifica- tions are hereby approved The City Council finds that due notice and opportunity to be heard on this assessment has been given, and that notice of the public hearing was given at least ten (10) days before the date of the hearing and inserted at least three times in a newspaper published in the City of Denton, as required by law The public hearing was opened and held in accordance with the ordinance and notice, at which time and place an opportunity was given to all of the persons, firms, corporations and estates owning or claiming any such abutting property, or any interest therein, to be heard and to offer evidence as to all matters in accordance with said ordinance and notice In the course of the hearing, sufficient and competent evidence was heard showing that the improvements to be placed along the property involved would in each instance increase the value of such property by more than the cost of such improvements to the property owners Based on the evidence, matters, testimony and objections considered at such hearing, the said City Council has determined that the properties and each and every parcel of such property abutting upon the streets and units as hereinafter set out will be enhanced in value and specifically benefited in an amount in excess of the amount of the cost of such improvements proposed to be, and as hereinafter assessed against each of said parcels of property, abutting upon said streets and the real and true owners thereof The cost of improvements of each portion of street ordered improved herein shall be apportioned among the parcels of abutting property and owners thereof in accordance with the front foot plan, which plan is found to be fair and equitable SECTION II There is hereby levied and assessed against the parcels of property described in Exhibit A attached hereto and made a part hereof, and against the real and true owners thereof, whether such owners are named or correctly named in such exhibit or not, the sums of money shown opposite the description of property in such exhibit PAGE 1 SECTION III Where more than one person, firm or corporation owns an interest in any parcel of property described in Exhibit A, each owner shall be personally liable only for the prorata share of the total assessment against such property in proportion as such owner's interest bears to the real ownership of such property, and such owner's interest in such property may be released from the assessment lien upon payment of such proportional sum SECTION IV The several sums mentioned in Exhibit A and assessed against the respective parcels of property described therein and the owners thereof and interest thereon as specified herein, together with expenses of collection and reasonable attorney's fees, if incurred, shall be a first and prior lien on the respective parcels of property assessed superior to all other liens and claims, except State, County, School District and City Ad Valorem taxes, and shall be a personal liability and charge against the real and true owners of such property, whether such owners are named or correctly named in such exhibit or not SECTION V The several sums mentioned in Exhibit A and assessed against the respective parcels of property described therein and the owners thereof shall be payable by one of the alternative methods below set forth (a) Placing an amount equal to the paving assessment in escrow for the City of Denton with the City Engineer, Department of Public Works, to be paid upon completion and acceptance of the paving by the City of Denton, or (b) Executing a note payable to the City of Denton in an amount equal to the paving assessment to be assessed against the abutting property, said note to be payable on or before five (5) years from date of said note Interest on the note is payable annually at a rate of eight percent (8%) per annum Any balance on any note that is due and owing and unpaid shall carry an interest rate of eight percent (8%) per annum until paid Any such interest installment or principal due on said note may be paid at any time before maturity by the payment of the principal and accrued interest thereon Past due principal and interest shall bear interest at the same rate from maturity until paid If default is made in the amount of any such installments or interest, the entire unpaid balance of the assessment plus interest shall, without notice to the owners, and at the option of the holder of the Certificate of Special Assessment, if any, immediately become due and payable, together with expenses of collection and reasonable attorney's fees, if incurred In the event of such default, collection shall be enforced by suit in any court having jurisdiction SECTION VI For the purpose of evidencing the several assessments levied, assignable certificates may be issued by the City of Denton upon completion and acceptance of the improvements Such certificates, if issued, shall be executed by the Mayor, signing the same, or by his facsimile signature impressed thereon, and attested by the City Secretary, under the impress of the corporate seal, and shall be payable to the City of Denton or its assigns Such certificates shall provide in substance the following PAGE 2 (a) The amount of the assessment as specified in Exhibit A, together with time, terms, rate of interest and conditions of payment as specified in Section V above (b) The terms and conditions of default as specified in Section V above (c) That the proceedings with reference to making the improve- ments therein referred to have been regularly had in compliance with the law and that all prerequisites to the fixing of the assessment lien against property described in the certificate and the personal liability of the owner or owners thereof have been performed (d) Coupons may be attached in evidence of the several installments which may be signed with the facsimile signatures of the Mayor and City Secretary (e) That the City of Denton shall exercise all of its lawful powers when requested by the holder to aid in the collection thereof Such certificates may also contain other appropriate and pertinent recitals SECTION VII In the event any such assessment for any reason whatsoever shall be held or determined to be invalid or unenforceable, then the City Council reserves the right to supply any deficiency in proceedings with reference thereto and correct any mistake or irregularity in connection therewith, and at any time to make and levy reassessments after notice and hearings as nearly as possible in the manner provided by the Statute referred to in Section 8 hereof for original assessments and subject to the provisions thereof with reference to special benefits SECTION VIII Such assessments are levied under the provisions of the Acts of the Legislature of the State of Texas, known as Article 1105b of Vernon s Texas Civil Statutes PASSED AND APPROVED this the of 1984 OF ATTEST ~2~ CHAKLUTTE , 'XEtY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE 3 EXHIBIT "A" Estimated Front Foot Cost to Property Owners $53 43 Front Foot Estimated Total Cost to Abutting Property Owners $550,000 00 RIDGEWAY DRIVE STREET & DRAINAGE PROJECT Ridgeway Drive-(From Interstate Highway 35-E to Teasley Lane) East Side Front Actual Footage Actual Footage Ownership Address Paving Curb Cost 755 24' Southridge Limited Partnership (David Dunning) 2235 48' Denton Residential, N V (Ken Shulman) 7007 Preston Road 755 24 755 24 $40,352 47 Dallas, Texas 75205 2001 Bryan Tower 2235 48 2235 48 $119,441 70 Suite 3000 Dallas, Texas 75201 1884 60' Dimension Develop- 1910 Pacific Ave 1884 60 1884 60 $100,694 18 ment Company Suite 1700 Dallas, Texas 75201 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - West Side Front Footage Ownership Actual Footage Actual Address Paving Curb Cost 1535 64' Dimension Develop- 1910 Pacific Ave 1535 64 1535 64 $ 82,049 25 ment Company Suite 1700 Dallas, Texas 75201 2241 41' Denton Residential, 2001 Bryan Tower 2241 41 2241 41 $119,758 54 N V (Ken Shulman) Suite 3000 Dallas, Texas 75201 300' Tom Fouts & 700 Dallas Drive 300 00 300 00 $ 16,029 00 Frank Crockett Denton, Texas 76201 391 50' Colson Real Estate (Bill Colville) 122 29' Southridge Limited Partnership (David Dunning) Ridgeway Drive-(East and We North Side 511 77' Dimension Develop- ment Company South Side 315 77' Dimension Develop- ment Company 3010 Santa Monica 391 50 391 50 $ 20,917 85 Denton, Texas 76201 7007 Preston Road 122 29 122 29 $ 6,533 95 Dallas, Texas 75205 st Portion of Teasley (F M 2181)) 1910 Pacific Ave 511 77 140 00 $ 27,343 87 Suite 1700 Dallas, Texas 75201 1910 Pacific Ave 315 77 315 77 $ 16,871 59 Suite 1700 Dallas, Texas 75201 ��6p Prepared by the State Bar of Texas for use by lawyers only. Revised 10-85: � iyxc m m�: su�. e:�� ��rT��:.. ' PARTIAL RELEASE OF LIEN Date: Note Dace: January 13, 1984 Original Amounr. $ 8 2. 0 4 9. 2 5 Maker: Dimension Development Company, Inc. Payee: City of Denton, Texas Date of Maturity: January 13 , 19 8 9 HolderofNoteandLien: City of Denton, Texas Holder's Mailing Address (including county): 215 East MCKinney Denton, Texas 76201 Denton County Note and Lien Are Described in the Following Documents, Recorded in: VOlume 13 4 0, Page 2 31 of the Rea1 Property Records of Denton County, Texas. Property (including any improvements) To Be Released from Lien: 314 . 2 8 feet of property abutting the west side of Ridgeway Drive, Lillian Miller Parkway, as more particularly described as follows: (See Exhibit "A°' attached hereto). **Prepayment of a sum equal to $16,791.98 shall be credited to principal and installments shall continue as scheduled. Interest on that prepaid principal shall immediately cease to accrue. Holder of the note acknowledges its partial payment and releases from the lien oniy the property described above. When the context requires. singular nouns and pronouns include the plural. (**See above) CITY OF D TON, TEXAS BY. �G�� . LLOY V. HARRELL CITY MANAGER (Acknowiedgmenq 3TATE OF TEXAS COUNTY OF I This instrument was acknowledged before me on the day of , 19 , ' by . Notary Public. State of Texas No[ary's name (prin[ed): No[ary's commission expires: (Corporate Acknowledgment) STATE OFTEXAS COUNTYOF DENTON This instrument was acknowledged before me on the O� ��" day of �z��� ' 19 8 8 , i by Lloyd V. Harrell, City Manager, / of the City of Denton, Texas , a municipal corporation, on behalf of said corporation. +°� 1fANE1TE SCOiT �ry �� �� T� Notary lic, State of Texas r�'faR � � �� �� � 3� � Notary's name (printed): Notary's commission expires: AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: OFFICE OF THE CITY ATTORNEY OFFICE OF THE CITY ATTORNEY 215 EAST MCKINNEY 215 EAST MCKINNEY DENTON, TEXAS 76201 DENTON, TEXAS 76201 EXHIBIT "A" Being all that certain lot, tract or parcel of land situated in the C. Poullalier Survey, Abstract Number 1006, in the City and County of Denton, Texas, and being more particularly described as follows: BEGINNING at a P.K. nail set for centerline intersection of Lillian Miller Parkway, a public roadway having a right-of-way of 80.0 feet, and Farm to Market Highway Number 2181, a public roadway (also called Teasley Lane) having a right-of-way of 90.0 feet, said point being the Northeast corner of said survey; THENCE south O1°04'17" east, 440.51 feet with the East line of said survey and with the centerline of said Lillian Miller Parkway to a P.K. nail set for corner in a curve on the East right-of-way of Old Teasley lane; THENCE alon� the arc of a curve to the left, having a central angle of 48 34'22", a radius of 761.20 feet, an arc length of 645.31 feet, whose chord bears North 45°02'S8" West, 626.16 feet with said East line of said Old Teasley lane to a P.K. nail set for corner in the centerline of Teasley Lane; THENCE South 89°44'37" East, 434.91 feet with said centerline of said Teasley lane to the Place of Beginning and containing 1.547 acres of land, of which 0.714 acres lie within public roadway SAVE AND EXCEPT however that portion conveyed to the City of Denton as described in Quitclaim Deed recorded in Volume 1340, Page 203, Real Property Records of Denton County, Texas. Y01 ����PAGE��S Date: 2?59 Prepared by the State Bar of Texu for use by lawyen only. Revised 10-85. Q ryy5 M�h SuM &u �N Te�a. RELEASE OF LIEN RFM PRtlPEQ11' REC�ROS Note Dace: January 13 , 1984 Original Amounr. $16 , 871. 59 Maker: Dimension Development Company, Inc. Payee: City of Denton, Texas DateofMacuriry: January 13, 1989 HolderofNoceandLien: City of Denton; Texas Holder's Mailing Address (including county): 215 East 111cKinney Denton, Texas 76201 Denton County � y�oa ? �3�°�� Note and Lien Are Described in the Following Documents, Recorded in: Volume 1340 , Page 229 Real Property Records, Denton Count.y, Texas Property(includinganyimprovements)SubjecttoLien: 315.77 feet of property abutting the south side of Ridgeway Drive in the City of Denton, Denton County, Texas. Holder of the note acknowledges its payment and releases the property from the lien. When the context requires, singular nouns and pronouns include the plural. V0� ����FAGE1,�i� CITY OF DEiVTOlQ, TEKAS � l i % BY: � � L OYD . �AR L CITY NIANAGER Ucknowkdgmenq STATE OF TEX COUNTY OF � This instrument was acknowledged before me on the by STATE OF TEXAS COUNTY OF DENTON day of Notary Public, State of Texas Notary's name (printed): Notary's commission expires: (Corporate Acknowlcdgment) � ,19 This instrument was acknowledged before me on the a S� day of ��L� , 19 8 8 , by Lloyd V. Harrell, Ci_ty rTa,nas�e_r , � of the City of Denton, Texas , a rnun i c i p a 1 corporation, on behalf of said corporation. '��� �' R Nota blic, Stam of Texas � ��' � � �� Notary's name (printed): �'a„ ' �1'��11rq±L11M Notary's commission expires: AFiER RECORDING RETURN TO: CITY ATTOPNEY'S OFFICE 215 EAST P,iCKIidNEY DENTON, TE�AS ?6201 � s� � � � � �. � O g.r+�' w tv �., �� c, ? � `� � �� ( ~W i �� � `�- � `� i �'"d ;;, c" � � Y. -- . ' / � PREPARED IN THE LAW OFFICE OF: CITY ATTORNEY'S OFFICE 215 EAST b4CKIV'�IEY DENTOid, TEXAS 76201 2 Aa y �� LLr°•.�3m� m a E m � � 3 �Q �_ 2 0 � E �� � G�.� o��m°� � c � c���`d � ¢��m`� C�t y � nJC°=� J ca�n�� _ ��"��' �'� � � � c,��`EF_cj O O V .=. - ` toJ �vg� �` �o�� � m .°'-�. '; e� ° y � a c°.+ `o ��°' �i yA � � � cg 0 Y0 C J � � � \ �-1. � {'�� i ��� S,