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:
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' 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
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PREPARED IN THE LAW OFFICE OF:
CITY ATTORNEY'S OFFICE
215 EAST b4CKIV'�IEY
DENTOid, TEXAS 76201
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