1970-005 NO ?0-
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
IMPRQVEMENTS OF PORTIONS OF CERTAIN DRAINAGE WAYS IN THE
CITY OF DENTON, TEXAS, ORDERING TO BE PREPARED AN ESTIMATE
OF THE COST OF SUCH IMPROVEMENTS AND ORDERING THE ADOPTION
OF PLANS AND SPECIFICATIONS, DIRECTING THE GIVING OF NOTICE,
DETERMINING THE CDST OF SUCH IMPROVEMENTS WHICH SHALL BE
PAID BY THE CITY OF DENTON, PROVIDING A METHOD FOR THE
REIMBURSEMENT TO THE CITY OF DENTON FOR A PORTION OF SUCH
COST BY ASSESSMENT AGAINST THE PROPERTY ABUTTING SUCH IM-
PROVEMENTS, AND FOR THE FIXING OF A LIEN TO SECURE PAYMENT
FOR SUCH ASSESSMENT, DIRECTING THE CITY SECRETARY TO FILE
NOTICE OF THE ASSESSMENT
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
A necessity exists for the permanent improvement of
drainage facilities related to the improvement of certain
portions of streets hereinafter listed and enumerated in
Exhibit A, whlch is attached hereto and made a part hereof
SECTION II
Such streets and drainage facilities shall be improved
by cutting or filling them to bring them to grade, by widen-
lng and straightening, by constructing, reconstructing, re-
pairing and realigning curbs, by constructing appurtenances
and incidentals to such improvements, Including all drains
and culverts, all as shall be recommended by the Texas
Highway Department and approved by the City Council The
C~ty Engineer shall prepare an estimate of the cost of such
~mprovement and shall prepare or approve all necessary plans
and specifications
~ECTION III
The City Secretary is hereby directed to cause to be
prepared a notice of the enactment of this ordinance and file
said notice with the County Clerk of Denton County, Texas,
among the deed of trust records of said County
SECTION IV
The cost of such improvements shall be pa~d for by the
City of Denton The City of Denton shall reimburse itself for
not ~ore than (90%) ninety per cent of the cost of the ~m-
provements by the assessments against the respective abutting
property and the real and true owners thereof in accordance
w~th the provisions of Article 1105 b, Revised Civil Statutes
of'the State of Texas The amount of such assessments shall
constitute a first and prior lien upon all such property and
a personal liability on the real and true owners thereof,
whether correctly named or not The property abutting on the
street shall be assessed on a per front foot basis, the
estimated cost per front foot and the estimated total cost of
the assessment being as set forth in Exhibit A
No assessment shall be made until after the notice and
hearing provided by law, and no assessment shall exceed the
special benefits ~n enhanced value to the property and the
owners thereof by reason of such improvements
SECTION V
Such assessment shall be payable either by
(a) Placing an amount equal to the paving assessment in
escrow for the C~ty of Denton with the C~ty Eng~neer-
lng Department to be pa~d upon completion and accep-
tance of the improvement by the City of Denton, or,
(b) Executing a note or notes, payable to the C~ty of
Denton, ~n an amount equal to the assessment to be
assessed against the abutting property, sa~d notes
to be payable ~n equal monthly installments not to
exceed three (3) years
Interest on the note or notes, payable ~n equal
monthly installments, shall be at a rate of 8 1/2%
per annum Any balance on any note that ~s due and
owing and unpaid shall carry a straight ~nterest rate
of 10% until paid
Any such ~nstallment may be paid at any t~me before
maturity by the payment of the principal and accrued
interest thereon Past due principal and ~nterest
shall bear ~nterest at the same rate from maturity
until paid If default is made ~n the payment of any
such installment or ~nterest, the entire unpaid
balance of the assessment plus ~nterest shall, w~th-
out notice to the owners, and at the option of the
C~ty, ~mmed~ately become due and payable together
w~th expenses of collection and reasonable attorney's
fees, ~n ~ncurred In the event of such default,
collection shall be enforced by su~t ~n any court
hawng jurisdiction
Upon the completion of the ~mprovement and the accep-
tance thereof by the C~ty of D~nton, the assessment
made against all abutting property owners who have
not made arrangements for the payment of the assess-
ment as above set forth, shall be immediately due
and payable
SECTION VI
In making such ~mprovements, the C~ty Council ~s acting
under the prows~ons of the Act passed at the f~rst called
session of the Fortieth Legislature of the State of Texas, known
as Chapter 106 of the Acts of sa~d session, together with amend-
ments thereto also known as Article 1105 b of Vernon's C~v~l
Statutes, adopted by the Charter of the C~ty of Denton
AND APPROVED th~s /~) day of February, A D
PASSED
1970
-2-
4070 4Ao J F Allen,Enterpr~ses
Rt 1, Rmlcn Estates
(lty ,, ~ 200 }F $ 2,000 $ 2,030
4070 6 210 IF 2,100 2,100
4071 3 J H ~Jrlsco=
720 · ~oclLst
City 1110 I~ 11,100 11,100
4019-2 20 ~7 Lec~l Butler
1705 W bnlvcrs~ty Dr
City 143 LF 1,430 1,430
40?0 9 Denton Co El~ctr&c
Co-Op, Inc
Box 699
City 191 5 L~ 1,915 1,915
4019-2 21 ~rtle J Edwards
3016 \ottlngham
C~ty 100 LF 1,000 1,000
40?0 8 Greenway Club Estates
Box 162
Clty 440 5 LF 4,405 4,405
4071 3 1 J B Haraemmn
Box 38 or 386
Justin, Texa~ 100 LF 1,000 1,000
4039 1 Pachard A harris
,Route 1, Box 476 H
City 294 5 LF 2,945 2,945
4056 1 ,larry ul HcClendon
521 Bryan
City 1420 LF 14,200 14,200
Page 1 Total .........
I
4,209 5 L~ $42,095 $42,095
4019-1 S Jolm B \brr~son
116 Maple
City 125 LF $ 250 125 LF $ 1,?S0 $ 1,000
4019-2 17 Bailey ~ hll~ns
600 Roberts
City 95 LF 950 950
4071 4 R N Nobles,
G P Flanagan m'~d
A S }glley c/o
Denton Os teopath~c
Clinic, City 227 LF 2,270 2,270
4070 3 R W Pawelson
2613 Cheymme
Irving, Texas 317 5 Lt 3,175 3,175
4038 1 Garner Pa)me
1002 tkllcrest
City 294 5 L} 2,945 2,945
4071 5 H M Pitier
Post Office Box 754
City 150 L} 1,500 1,500
4070 5 J ~V Porter
First Nat] onal Bank
C~ty 89 L} 890 890
4057 4 J ~ Porter and
J D Grlffen
2915 lV~lsonwooa
City 240 L[ 2,400 2,400
Page 2 Total
125 LF $ 250 1,538 L~ $15,380 '~15,130
F×HIBIT "A"
AT & SF R R FO b~LO\~: STRLET
Page 3 of 4
EXI~ CURB :PROPOSED CURB, GU]T?R
AN! GLrFFFR AND OTItFR TOTAL ESTI3IATED
BLOCK LOT PROPERTY DRAINAGL FACILITIES COST rO BE
NO OI~ER FRO? FRONT ESTI~IA] ED ASSESSED
FOOT~ CREDIT FOOIAGE COST
4028 3 J Newton Rayzor et al
1204 ~,I University Dr
City 3288 8 LF $32,888 $ 32,888
4070 1 Suderman & Young
lowing Co c/o
J Newton Rayzor
]204 ~ bn~ve~s~ty Dr
C~ty 19(~I IF 19,c~10 ~q,9]0
4070 1 2 J Newton Rayzor
1204 W Umverslty Dr
City 200 LF 2,000 2,000
4070 2 " 100 LF 1,000 1,000
4057 6 " 440 LF 4,400 4,400
4019-2 22 W B Rur~aell
Box 2658 ~3(U Station
City 150 LF $ 300 150 LF 1,500 1,200
4071 8 , J W Scott
425 Brookwood Dr
Auburn, A2abama 932 7 L! 9,327 9,327
4070 4 Bernard F VanLoo
c/o Clara Ym~Loo
1334 k)nm D~
Garland, Texaq 12] LI 1,210 1,?10
4019- 2 24 Eugene V~ckrey
Post Office Box 383
Healdton, Oklahonm 200 L] 2,000 2,000
4019-2 25 Ward Foods F~nance
Corp c/o
James C Hall
Post Off~ce Box 9044
Ft }gorth, Texas 100 L[ 1,000 1,000
Page 3 Total -- I --
150 LF 300 7,523 5 LI $75,235 $74~935
_~XttlBIT 'W'
AT [ SF R R I0 5IALONE STREET
Page 4 of 4
EXISFING CURB ?ROPOSFD CURB, GLrlqER
AN~D GUTTER AND OT~R TOTAL ESTh'v[AD D
BLOCK LOT PROPERTY DRAINAGL FACILITIES COST TO BE
NO O~NER rRosrr FRONT LS11MA~FD ASS! SSFD
FOOTAGE £REDIT FOOTAGE COST
4019-2 19 Seth Watson
2912 Lakewood Dr~ve
C~ty 150 LY $ t,500 $ 1,500
4071 6 Glen R ig~lk~nson
Post Offxce Box 754
Clty 100 L~ 1,000 1,000
Page 4 Total ........ 250 L~ 2,500 $ 2,500
Page 3 Total !$0 LF 300 7,525 5 L~ 75,235 74,935
Page 2 ]otal 125 LF 250 1,538 L[ 15,380 15,130
Page 1 Total ........ 4,209 5 L~ 42,095 42,095
ProJect Total 275 LF $ 550 13,521 L~ 135,210 $ 134,660
NOTICE OF ASSESSMENT
THE STATE OF TEXAS ~
COUNTY OF DENTON ~ KNOW ALL MEN BY THESE PRESENTS
CITY OF DENTON ~
That the duly elected and constituted City Council of the
City of Denton, Texas, adopted an Ordinance on the 10th day
of Pebruar~ , 19 70 A D , declaring a necessity for
and ordering the permanent improvement of those certain portions
of streets in the City of Denton hereinafter listed Ail of
such improvements shall be constructed in accordance with the
plans and specifications therefor, which are now on file with
the City Council of the City of Denton and to which plans and
specifications reference is hereby made for a more particular
description of such improvements The portions of streets to
be so improved are to be designated and defined as street units
as set forth in Exhibit A, which is attached hereto and made a
part hereof
Additionally, said Council ordered and set a hearing at
? o'clock P M , on the 10th day of March ,
19 70 , in the Council Chambers in the Municipal Building in
the City of Denton, Texas, as the time and place for the hear-
ing of the real and true owners of said abutting property and
all others interested in said abutting property or in the pro-
ceedings and contract concerning said assessments, proceedings,
and improvements, as required by law
Said ordinance further provides that a portion of the cost
of said improvemenss is to be specially assessed as a lien upon
property abutting the street improved and as a personal liability
against the owners of such abutting property, such assessments
to be payable to the City of Denton
Wherefore~ the City of Denton, Texas, acting by and through
its City Council has caused this Notice to be signed by the City
Secretary in the name of the City of Denton and to have the offi-
cial seal of the City of Denton hereto affixed this the llth
day of February , A D 19 70
THE ~ OF DENTON, TEXAS
~ROOKS HOLT, CITY SECRETARY
RELEASE OF SPECIAL PAVING ASSESSMENT LIEN AND CLAIM
WHEREAS, the City Council of the City of Denton, Texas, has heretofore by Ordinance No. 70-5 duly enacted on February
10, 1970, determined the necessity for and ordered the improvement of all streets referred to therein, including University Drive West,
in the City of Denton, Denton County, 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 Council; and
WHEREAS, a notice duly executed in the name of the City of Denton, Texas, of the enactment of the said above-descnbed
ordinance has heretofore on the 12`~ day of Februazy, 1970, been filed as Document No. 1227 in the Deed Records of Denton County,
Texas, in Volume 598, Page 220; and =
WHEREAS, the City Council of the City of Denton, Texas, by Ordinance No. 70-5, duly enacted on the 10`s day of February,
1970, and filed as Document No. 1227 in the Deed of Records of Denton County, Texas, in Volume 598, Page 220, and declaied the
liability of the adjacent property owners for a portion of the cost of improving portions. of various.streets described~therein, including
University Drive West, and declazed the same to be a lien upon the said abutting properties; and
WHEREAS, in the aforesaid instruments, Lot 4, Block 4070, as shown on the City Map of the City of Denton, Texas, in the
name of J.E. Allen, was shown to be specially assessed in the amount of Two Thousand Dollazs and 00/100 ($2,000.00); and Lot 6,
Block 4070, as shown on the City Map of the City of Denton, Texas, in the name of J.E. Allen, was shown to be specially assessed in
the amount of Two Thousand, One Hundred Dollazs and 00/100 ($2,100.00); and
WHEREAS, the property owner's share of the cost of improving Lot 4, Block 4070, as shown on the City Map of the City of
Denton, Texas, in the name of J.E. Allen, was shown to be specially assessed in the amount of Two Thousand Dollars and '00/100
($2,000.00); and Lot 6, Block 4070, as shown on the City Map of the City of Denton, Texas, in the name of J.E. Allen, was slbwn to
be specially assessed in the amount of Two Thousand, One Hundred Dollazs and 00/100 ($2,100.00); plus lawful interest due
thereupon; NOW, THEREFORE;
In consideration of the full payment by Chicago Title Insurance Company to the City of Denton, Texas, of the remainder of
the assessed amount plus lawful interest thereon in the amount of $7,069.06, the receipt of which is hereby acknowledged, the said City
of Denton, Texas, does hereby forever RELEASE AND DISCHARGE the said J.E. Allen, his heirs, administrators, executors,
successors and assigns, and the above-described real property, from any and all special assessment liens and claims arising by virtue of
the improvements to Lots 4 and 6, Block 4Q70, in the City of Denton, Texas, described in the aforesaid ordinance by the City Council
of said City, and in the aforesaid notice recorded in Volume 598, Page 220 of the Deed Records of Denton County, Texas. ~~
EXECCJTED ths'the . r ~~ day of ~jd~~~ , 2008.
r.- ~~
~~>'
~'' -= -~' ~ CITY OF DENTON, TEXAS
~,.
- - ' _ : ~1 f -, GEORGE C. CAMPBELL, MANAGER
_. -. .; ~ ,
ATTEST: '"' ~ ~ ~ ..
JENNIFER WALTERS, CITY~SECRETARY
,,:•.
By: ri,
APP VED AS LEGAL FORM: .'
EDWIN M. SNYD ORNE .
By:
S:\Our Documents\Assessments (Pav Liens)\08\70-5 J E Allen Release.doc
s:~0ur Dx~a~u (Prv iimpcoxeonwre A~IOWIFDGMFldI-Gty IN~agcda , ', ,.
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
s ;:
This instrument was aclaiowledged before me on the ~02,„,,Q_ day of ~j , 200 by George C.
Campbell, City Manager of Denton, Texas, a municipal corporation, on behalf of said City.
. =o~~`.n'r'~ue~~ LINDA HOLLEY
~~ E Notary Public, Stete of Texas ~ ~ ~ , j.
`~. ~~,= nny comm;ss;o„ Exp;res otary Public in and for the State o exas
j "'•%,°, `~''~ December 08, 2009
tea„
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Denton County
" Cynthia Mitchell
County Clerk R~~~~~7
Denton, Tx 76202 {~qY ~ ~ 2008
70 2008 00052189 (;ITV (1F rtFnlTnn~
Instrument Number: 2008-52189 LEGAL DEPT
As
Recorded On: May 14, 2008 Release
Parties: CITY OF DENTON TEXAS Billable Pages: 3
To Number of Pages: 3
Comment:
( Parties listed above are for Clerks reference only) ~---
** Examined and Charged as Follows: **
Release 19.00
Total Recording: 19.00
************ DO NOT REMOVE THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2008-52189
Receipt Number: 485530
Recorded Date/Time: May 14, 2008 08:54:48A
Record and Return To:
CITY OF DENTON TEXAS
215 E MCKINNEY STREET
DENTON TX 76201
User / Station: H Dunn -Cash Station 4
O~~T~ THE STATE OF TEXAS }
~ tt COUNTY OF DENTON }
/ ~~ 1 hereby certify that this Instrument was FILED In the Flle Number sequence on the date/time
printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texas.
•~ ~ ~
v - L
~ x~~~, ~ County Clerk .
'~.......~ Denton County, Texas .._.