1961-016 Note Amended by Ordinance No 98-113
AN ORBINANOE DEOLAR/NG T~E NECESSITY FOR A~[D ORDERING THE
PAVING /ND I~ROVEHENT OF 0ERTAIN STP~ETS OR PORTIONS THE~E-
OF IN THE CITI OF DENTON; APPROVING PLANS A~D SPECIFIOATION~
FOR SUOH WORK; A~TH~RIZ/NG THE CITY MANAGER TO ADVERTISE FOR
B/DSS D. IREGTING T~E P-EE~ARATION OF ESTIMATES~ INVOKING THE
~PROOE~URE PROVIDED BY THE OIT~ OF3d{TER AND CHAPTER 106 OF THE
ACTS OF TEE FIRST GALLED SESSIbN OF THE bOTH LEGISLATURE OF
TEXAS, (ART. llO~b R.G.S. ); DETEPd~INING THAT A PART OF THE
GOSTS SHALL BE B~RNE Ef THE CITY ~/{D THAT A PART SHALL HE
/~OENE BY THE ABUTTING PROPERTIES AND THE OWNERS TEEREOF$ PRO-
VIDING FOR TEE ASSESWNENT OF TEE PORTION OF THE COSTS TO NE
]DELE B! PROPERTY OWNERS AND FOR THE FIXING OF A LI~N TO SE-
CURE P~YNENT OF SUCH ASSESSMENTS; STATING TRE T]~E AND MANNER
PROPOSED FOR PA19IENT OF ~I.IJ SUOE COSTS~ DIRECTING THE ,CITY
SEOKETA~! TO ~AI~E A NOTICE OF THE ENACTMENT OF THIS ORDINANCE
TO BE F~.~ IN THE MORTGAGE OR DEED OF TRUST RECORDS OF DENTON
COUNTY, TRY~AS; AND DEOI/R/NG AN EFFECTIVE DATE.
THE ~OI)NOIL OF TEE OITI OF DENTON HEEEBY ORDAINS:
SEOTION 1. That a necessity exists for the permanent improvement of those
certainpertions of public streets hereinafter listed, by excavating, grading and
paving the same, by the installation of dratnage~acilities therein and by the
construction of curbs and gutters where adequate curbs and gutters are not now in
place, an~ such improvements are hereby ordered. The portions of public streets
to be improved being designated and defined by street units as follows:
STREET ST~.~.T FROM TO
UNIT
NO.
1. Allen Street the Nerth Llne of Mill the South line of Wye Street
Street
~2. Anna Street WEST SIDE~ 38' North of the South Line
the South Line of Lot 9, of Lot ~, Block ~36 as shown
Block ~36 as shown on the on the Official 0ttyMap of
Official Ct~yMap of the the City of Denton, Texas
City ef Denton/ Texas
EAST
' 38' S~=%h of the North 37' North of the South Line
Line ef L,t 27, Block h3~ of Lot 32, Block h3~ as
as shown ~n the Official shown on the Official Oity
~ityNap of the Oity of Map of the City of Denton,
Denton, Texas Texas
~3. Avenue B the North Line of Eagle 160' North of the North Line
Brive of Maple Street
h. Bernard Street the Se=th Line of Eagle the South Line of Greenlee
Drive Street
ST~R~.T ST~T FROM TO
UNIT
NO,
5, Bolivar Street 893' South of the South Line the South Line of Orr
of Headlee Lane Street
J 6, Bmadley Street the South Line of Sena Street the North Line of Scrmpture
Street
~7. B~adley Street ~he South Line of Scripture the North Line of Houston
Stree~ Place
8. Bradshaw Street the Se~th Line of McKinney the North Line of East
Street Hickory Street
9. Bra~shaw Stree~ the South Line of East 1200' South
Sycamore Street
10. Bradshaw Street WE~T SIDEs
the ~euthLine of L~t lC, the South Line of Paisley
Rlock 167 as shown on the Street
Official Oity Map of the
Oity of Benton, Texas
EAST SIDE:
the S,uth Line of Lot 26,
Block 168 as shown on the
Official GttyMap of the
Gity of Denton, Texas
ll. B~yanStreet the North line of Eg~nStreet the South Line Drainage
Easement of Blocks 4003
and 4006 as shown on the
Official GityMap of the
City of Denton, Texas
~12. Oenter Street the North Line of Highland the North Line of Prairie
Street Street
13. 0ollege S~reet the West Line of North Elm the East Line of Bolivar
Street Street
14. Golller Street the North Ltne of Underwood the South Line of Eagle
Street Drive
15. ~ollins S~reet the West Line of Bernard the East Line of Avenue A
Street
~6. ~rescent Street the Wes$ Line of Ector Street the East Line of Avenue I
17. Dentson Street the North Lime of Fain Street the South Line of Headlee
Lane
v 18. Avenue E the S~uth Line of Eagle Drive the North Line of Highway
35 E
19. South Elm Street the South Line of Eagle Drive EAST SIDE:
the South Line of Lot 5,
Block 208 as shown on the
Official 0ity Map of the
City of Denton, Texas
WEST SIDE:
the South Line of Lot 4,
Block 208 as shown on the
Official OityMap of the
Oity of Denton, Texas
STREE. T S~REET FROM TO
UNIT
NO.
20. Fannin Street the West Line of Welch Street the East Line of Bernard
Street
J21. First Street the East Line of Bolivar the West Line of North Elm
Street Street
22. Frame Street the North Line of Texas the South Line of Schmitz
S%reet Street
~'3. Avenue G the North Line of Hickory the South Line of Oak Street
Street
24. Gree~lee S%reet the West Line of Bernard the East Line of Highway
Street 35 E
25. Headlee Lane the West line of Bolivar the East Line of Beaumont
8tree% Street
26. He,tie S~reet the North Line of McKinney the South Line of Paisley
Street Street
t 27. Highland Street the West Line of Center the West Line of IOOF Street
Street
28. Jacqueline Street the South Line of Willowwood EAST SIDE:
Drive the South Line of Lot 2,
Block 350D as shown on the
Official City Map of the
City of Denton, Texas
WEST SIDE:
the South Line of Lot lC,
Block 3510 as shown on the
Official City Map of the
Gzty of Denton, Texas
w/~9. Kendolph Drive the Seu~h Line of Highway the North Line of Willowwood
35 E Drive
30. La~ey Street She North Line ~f City Park the North Line of Wilson
Property Street
31o Lindsey Street the %Kest Line of Highway the East Line of McCormick
35 E Street
J32. Maple Street the East Line of Avenue 0 NORTH SIDE:
the East Line of Lot 14,
Block 380 as shown on the
Official Oity Map of the
. City of Denton, Texas
SOUTH SIDE:
the East Line of Lot 2, Block
379 as shown on the Official
City Map of the City of Denton,
Texas
J33. Maple Street the East Line of Myrtle the East line of Center Street
I Street
J34. Miohial Street the West Line of McCormick the East Line of Knight S$ree$
Street
35. Mill Street the East Line of Johnson the West Line of Hill Street
S"~ee"~
STRk~,T STREET FROM TO
UNIT
NO.
~36. Neff Street the South Line of Ootlins the North Line of Greenlee
Street Street
37. East Oak Street the East Line of Bradshaw the West Line of Wood Street
Street
38. Paisley Street the East Line of Wood Street the West Line of Ruddell
Street
39. Peak Street the North Line of Greenlee the South Line of Fannin
Street Street
~40. East Prairie the West Line of Oakwood the East Line of Oakwood
Street Oeme%ery Oemetery
41. West Prairie NORTH SIDE: the East Line of Oenter
Street 75' East of the West Line of Street
Lot 17, Block 306 as shown
on ths 0fTicial City Map of
~he City of Denton, Texas
SOUTH SIDE:
the East Line of Lot 2, Block
307 as shown on the Official
City Map of the City of Den-
ton, Texas
42. Rose Street EAST SIDE: the South Line of Paisley
the South Line of Lot 28, Street
Block 165 as shown on the
Official Oity Map of the
City of ~enton, Texas
WEST SIDE~
the South Line of Lot 14,
Block 166 as shown on the
Official City Map of the
Oity of Denton, Texas
43. Ruddell Street the North Line of East EAST SIDE:
McKin~ey Street the North Line of Lot 5,
Block 182 as shown on the
Official Oity Map of the
Oity of Benton, Texas
WEST SIDE
42' North of the South Line
of Lot 7, Block 162 as shown
on the Official City Map of
the City of Denton, Texas
~44. Stella Street the West Line of Avenue E the West Line of Avenue F
~ 45. Stuart Read the North Line of Sherman WEST SIDE:
Drive 120' North of the North
Line of Driftwood Trail
EAST SIDE:
the North Line of Lot 8.5,
Block 136A as shown on the
Official City Map of the
City of Denton, Texas
STREE, T ST~E~.T FROM TO
UNIT
NO.
46. East Sycamore the East Line of Exposition the West Line of Bradshaw
Street Avenue Street
~ 27. We~ch Street the North Line of Collins the South Line of Eagle
Street Drive
~ ~8. Whipporwill Lane the West Line of Kendolph the East Line of Highland
Drive Park Drive
29. Wilson Street the West Line of City Park the East Line of City Park
Property Property
~0. Withers Street the East Line of Bell Avenue SOUTH SIDE~
the East Line of Lot 2.1,
Block 152 as shown on the
Official City Map of the
City of Denton, Texas
NORTH SZ~E:
the East Line of Lot 9,
Block 150 as shown on the
Official City Map of the
City of Denton, Texas
51. Fannin Street the West Line of Avenue A the East Line of Avenue B
52. Stuart Road the N~rth Line of Hercules North 721.05 feet
Lane
SEOT~N. 2o That each of said street units shall be paved with the following
type of pavement:
2" hot mix asphaltic concrete pavement on a
6" lime stabilized base.
Streets shall be paved from c~rb to curb~ "Roll Type" curbs and gutters shall
be constructed where the DirecSer of PubJ ic Works of the City of Denton determines
that adequate curbs and gutters do not exists and necessary drainage facilities
shall be installed. The specifications for all such improvements, heretofore
prepared by the Department of Public Works of She City of Denton, and now on
file with the City Council are hereby in all things approved.
SECT~N 3. The Oity Manager is hereby authorized and directed to advertise
for bids for ~he improvement work herein described. The advertising, receiving
and ope~daag of such bids to be as provided by the Charter of the ~ity of Denton
and the laws of the S~a~e of Texas. Upo~ the receipt and opening of ~he bids
for such improvement work, the Director of Public Works of the City of Denton is
hereby directed to prepare and file with the City Council his estimate of the
total costs o~ the Lmprovements herein ordered, and the total amount of the costs
thereof to be paid by the City of Denton and by the abutting properties and the
owners thereof in accordance with the provisions of Section ~ hereof and the in-
structions which may be given him by ~he City Gouncil.
SEG~ION ~. The City Council of the City of Denton deems it advisable and
hereby de,ermines to proceed under and in the exercise in the powers, terms and
provisions of Chapter 106, Ac~s of the First Called Session of the LOth Legisla-
ture of ~exas, (being Art. llO~b R.G.S.) and the provisions of the Charter of the
Oity of ~enton.
SECtiON ~. The costs of said improvements shall be paid as follows, to wit:
(a) The flity of Dentan ~hall pay all of the cost of drainage installa-
tions wherever located, all of the cost of excavation, base prepa-
ration, base and surfacing within street and alley mntersections,
thirty-three and one-third percent (33 1/~%) of ~he cost of excava-
tion, ba~e preparation, base and paving of a street surface thirty
feet in width, and one hundred percent (lOG%) of the cost of
excavation, base prepa~ation, base and surfacing fo~ the excess
width of pa~ng any s~reet surface over thirty feet in width where
said excess width is ~eemed by the Director of Public Works of the
City of Denton ~o adequately handle present and future traffic needs.
(b) The rema~uder of the costs of such improvements shall be assessed
against ~he respective abutting properties and the real and true
owners ghereof in accordance with the City Charter and the Statutes
of Texas herein referred to. Such assessments shall be made according
to the ,,~ront-Foot Rule", in proportion as the frontage of each parcel
of property is to the whole frontage improved, unless the application
of such rule would, in the opinion of the Oity Oouncil, in particular
cases, result in inous~ice of inequality, in which cases the City
Oounctl shall apportion and assess such costs in such proportions
as it may deem j~st and equitable, having in vzew the special benefits
in enha~lced value to be received by such parcels of property and the
owners thereof, %he equities of such owners, and the adjustm~:nt of
such apportien~en~ so as to produce a substantial equality of benefits
received and burdens imposed. No assessment shall 1~ made against
any abutting property or %he real and true owners thereof for costs
in excess of the benefits te such property in enhanced value thereof
by means of such improvements.
(c) The several sums above mentioned sl~d assessed against sal4 parcels
of property and the owners thereof and interest thereon at the rate
of eight per cen%um (8%) per annum on the initially deferred balance,
together with reasonable attorneys' fees and costs of collections
if incurred, are hereby declared to be and are made a lien upon the
respective parcels of property against which the same are assessed,
and a personal liability and charge against the real and true owners
of such property, whether such owner be named herein or not, and the
said liens shall be and constitute the first enforceable lien and
claim against the property on which such assessments are levied, and
shall be a first and paramount lien thereon, superior to all other
liens and claims except state, county, school district and city ad
valorem taxes.
(d) (1) The sums so assessed against the abutting property and the
owners thereof, shall become due and payable as follows, to
wit, in thirty-six ~36) eqaal installments, the first payable
on or before thirty (30) days from the completion and acceptance
of the improvements of the Unit upon which the property abuts,
and one (1) each month thereafter until the total amount is
paid; deferred payments shall bear mnterest from the date of
such comple%ien ar~ acceptance at the rate of eight per centum
(8%) per annum on the initially deferred balance, payable
monthly with each installment, so that upon the completion
and acceptance of ~he i~rprovements in a particular Unit,
assessments against such completed and accepted Unit shall
become due and l~ayable in such installments, and with interest
from the date of ~uch completion and acceptance.
(2) Provided~ however, that any owner shall have the right to pay
the entire asses~mer~t, or any installment thereof, before
maturity, by payment o~ principal and accrued interest, and
~urther provided that if default shall be made in the payment
of any installment of principal or interest promptly as same
matures, then the entire amount of the assessment upon which
such default is made shall~ at the option of the City of Denton,
or its assigns, be and become immediately due and payable,
a~d shall be collectable~ together with reasonable attorneys~
fees and costs of collection~ if incurred.
(e) The assessed portion of the cost of such improvements may be further
secured by Mechanic'~ Liens to be executed in favor of the City of
Denton; but Certificates of Special Assessment shall be issued in
favor of the ~ity of ])enton, whether the owners have executed such
Mechanic ~ s Liens or net.
(f)' The City of Denton shall pay for the aforesaid work on the various
Street Units on monthly estimates as the work progresses, ten percent
(10%) of ~he amount du9 by the City of Denton on each such estimate
being retained by the ~ity until completion and acceptance of the work
involved in the Street Unit on which the estimates are submitted.
SEGTZON 6. The conetructlon and installation of the improvements herein
ordered in each Street Unit herei~ desi~nated and described shall be separate and
independent of She construction and installation of such improvements in each and
every other Street Unit. The assessments to be levied for the improvements in
each Street Unit shall be separate and distinct from the assessments to be levied
in every other Street Unit; and in making and levying assessments against prop-
erty for the improvements in one Unit, no material er substance in connection with
any other Unit shall be considered, all as fully and to the same extent as if
separate contracts were executed and separate proceedings had with reference to
each such, Street Unit or portion of street.
SEGT~ION ~... The Olty Secretary is hereby directed to cause to be prepared
a Notice of Enactment of this ordinance and to file said Notice with the Oounty
Clerk of Denton 0eunty, Texas~ in the Deed of Trust Records of Denton County~
Texas.
SEG~ION 8. This ordinance shall be effective immedzately upon its
passage.
PASSED AND APPROVED this //~ay of July, A.D. 1961.
City of Denton~ Texas
ATTEST:
y Sec~e~ry
City of Denton, Texas
City of ~enten, Texas
NOTICE OF ASSESSMENT PROCEEDINGS AND LIEN UPON ABUTTIWG
PROPERT~ ~OOS
NOTICE IS HEREBY GIVEN that the Governing Body of the
City of Denton, in the County of Denton, in the State of
Texas, by Ordinance ~o. 61-16, dated July ll, 1961, has
ordered and directed that the following streets in said
City be improved, to wit;
STP~T ST~ FaOM TO
U~IT
WO.
43. ~uddell Street the ~o~th Ll.e of East EAST
~oKle~e~ Street the ~o~th L~ee of Lot 5,
Bl~k 18~ as show~ ce the
0ff~c~al C~ty Map of the
City of Denton, Texas
4~~ ~o~th of the South
~ee of Lot 7, Block 16~
as shown o~ th~ Orificial
City ~ap of the Cit~ of
De,toe, Texas
~. Stella ~t~et the W~St L~ee of Avenue E the West L~e of Ave~e
45. 8ma~t Road the ~o~th L~ea of She~ ~
D~ve 120~ ~o~th of the ~o~th
L~ee of D~f~ood T~i
EAST SIDE ~
the ~o~th Line oF Lot
Bl~k 136A as sh~n on the
0ffic~al 01fy ~ap of the
01~ of Denton, Texas
26. East S~emo~ the SaSt L~e of Exposi- the West Ll~e of B~a~s~w
St~et tloe Avers Street
bT. ~elch Street the No~th L~ee of 0ollies the South L~me of
St~ee t D~lve
h8. ~ppo~11 the West Lt~e of Ke,dolph the East L~,e of
Lame D~ve Pa~k D~tve
~9. Wilsen St~et t~ ~est Ltee of C~ Pa~k the East L~ee of C~ty
P~ope~t~ P~ope~t~
50. W~the~s Bt~et t~ East L~ne of Bell 80~H
Avers the E~t L~ee of Lot ~.1,
Bl~k 152 as shown on the
Off~olal C~t~ Ma~ of the
. 0~ty ef Denton. Texas
~0~
the East L~e of Lot 9.
Block 150 as shew, o, the
0ff~olal C~ty ~ap of the
c~ty of De.toe. Texas
51. Pa~.~e St~et the West L~e of Avers A the East Ll~e of Avers
A po~io~ of the cost of such improvements is ~o be
specially assessed as a lied upon property abutting thereo~
CITY OF DENTOn. TEXAS
City ~ crc a y
CERTIFICATE OF ACCEPTANCE
I, Cio So Calllcoatte, City Engineer, of the City of Denton,
Texas, do hereby certify to the Honorable City Council of said City
that the work of improving the following streets and portions thereof
· n the City of Denton, Texas, has been completed by Public Construc-
tion Company ~n accordance with the terms of a contract entered into
by and between the City of Denton, Texas, and the maid Public Con-
struct~on Company dated August 21, 1961, and ~n accordance w~th the
terms of Ordinance No. 61-16 passed and approved on the llth day of
July, AoD& 1961, ordering such improvements, and that such improve-
ments have been constructed and completed ~n full compliance w~th the
terms of such contract, and wath the plans and speclflcataons there~n
contained, or referred to, and I do hereby recommend that the Honorable
City Councal accept and receave saad work and improvements as con-
structed by the ~a~d Publac Construction Company, the sa~d streets and
portions thereof being as follows, to wit:
Street
Unat
No. From To
16. Crescent Ector Bonnie Brae
48. Whapporwall Kendolph Haghland Street
29. Kendolph H~ghway 35E Wlllowwood Street
45. Stuart Road Sherman Drave South 120' north of
the north lane of
Driftwood T~aal
34. M~6heal Knight Street McCormack Street
44° Stella Street Avenue E Avenue F
18o Avenue E Eagle Dr~ve Haghway 35E
23° Avenue G Oak Street Hickory Street
47° Welch Street Collins Street Eagle Dr~ve
27° H~ghland Center Street IOOF Street
3° Avenue B Eagle Dr~ve South 160' north of
the north lane of ~'~
Maple Street
Street
Unit
No. From To
36. Neff Street Collins Street Greenlee Street
12. Center Street Highland Street Prairie Street
33. .Maple Street Avenue C 272' east of the east
l~ne of Avenue C
40. East Prairie Lakey Street Bradshaw Street
6. Bradley Sena Street Scripture Street
21o F~rst Street Bolivar Street Elm Street
2o Anna South line of Lot 38' north of the south
9, Block 436 l~ne of Lot 5, Block 436
7. .Bradley Scripture Street Houston Place
Respectfully submztted this 7th day of September~ A.D. 1962o
C° So Callzcoatte
Cmty Engzneer
ORDINANCE NO {
AN 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 dete.c~lned the necessity for and ordered the ~mprovement of various streets in the
C~ty of Denton, Texas, and
WHEREAS, the City of Denton declared the hablhty of adjacent property owners for a
portion of the cost of lmprowng portions of various streets desenbed ~n smd ordinances, and
declared the same to be a lien upon the abutting properties, and
WHEREAS, the City has heretofore attempted to collect an unpaid balance of one certain
paving assessment hen from Packy C Daniels and wife, Shem A Darnels ("Darnels') who are
the present owners of the real property commonly known as 724 Driftwood Trail, Denton,
Denton County, Texas, wluch real property the City has alleged ~s subject to and encumbered by
the above-referenced pawng assessment lien arising under the aforesmd ordinances, and
WHEREAS, Darnels, acting through their t~tle insurer, has d~sputed the vahchty of the
City's special paving assessment hen, because of an alleged insufficient property description
contmned m the foregoing ordinances, and have requested that the City review and consider all
relevant documents and authorities, and thereafter grant Darnels 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 rewewed all documents and records in
support of and contrary to the Darnels' claim as well as all apphcable legal authonties, and has
advised the City Council that the Darnels' request for release of the above-descnbed pawng
assessment hen respecting the real property commonly known as 724 Driftwood Trml, Denton,
Denton County, Texas, is mentonous, and
WHEREAS, accordingly the City Council of the City of Denton, Texas, therefore desires
to release the special paving assessment hen which arose under the above-descnbed ordinances
agmnst the real property commonly known as 724 Dnitwood Trail, Denton, Denton County,
Texas, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ The City Council hereby approves the release of the specml paving
assessment hen arising under Or&nance Numbers 61-16, 61-22, and 61-24 respecting the real
property commonly known as 724 Dnf~:wood Trml, Denton, Denton County, Texas
SECTION ][~, That the Mayor ~s hereby authonzed to execute the Release of Special
Paving Assessment Lien attached hereto, or a similar form of release approved by the City
Attorney
SECTION ~[II. That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the ~/dday of /~ff'/"l ,1998
!
JA~IILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
S \Our Document~\Ordmances\98\724 Driftwood Trml doc
RELEASE OF SPECIAL PAVING ASSESSMENT LIEN
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, detemuned the necessity for and ordered the unprovoment of various streets tn the
City of Denton, Texas, m the manner and according to the plans and specdicauons therefore, which plans and
specifications have heretofore been approved and adopted by smd City Councd, and
WHEREAS, a noUce duly executed m the name of the City of Denton, Texas, of the enactment of the
above-described ordinance has he~ofore on the 29z day of August, 1961, been filed m the Deed Records of
Denton County, T~as, m Volume 472, Page 144, and
WHEREAS, the City Councd ofthe C~ty of Denton, Texas, by Ordinance No 61-24, duly enacted on
thc 10~ day of October, 1961, declared the hahihty of the adjacent property owners for a porUon of the cost of
unprovmg pomons of various streets described thereto and m Ordinance No 61-16, and declared the same to he a
hen upon th~ smd abutting propemes, and
WHEREAS, Ordinance No 61-24 has heretofore on the 21* day of October, 1966, been filed m the
Deed Records of Denton County, Texas m Volume $43, Page 233, and
WHEREAS, on~ of the tracts of real property described m the foregoing ordinances, vathm "UNIT NO
45" thereof, enntamed an mcomplete and insufficient legal descnpuon generally set forth as "Stuart Road From
Thc North Line Of Sherman Dnve To (W~st S~d~) 120' North Of The North Line Dnftwcod Trad", and
WHEREAS, attached hereto as Exhihit "A" and incorporated herewith by reference, is the legal
descnption ava ad&uonal pertinent identifying mformat~on rcspecUng the tract of real property encumbered by
the aforesmd specml paving assessment hen which 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 hen, enforcea___b!e as to a subsequent purchaser for valuable consideraYaon, and w~thout notice, a spec~
paving assessment hen must contain a I~AI descnpUon which descnhes the encumbered reality w~th reasonable
certainty and be filed for record m the County where the affected real property is situated, and
WHEREAS, the legal d~cnpUon contamed m the above-descnhed ordinances ~,ls to comply with thc
legal requirements of the TEX PROPERTY CODE §13 001 and 13 002, as the real property descnhed m
Exhibit "A" h~mto, av.d accorchagly tho fihng and recording of the documents creating the spec~ paving
assessment hep., wdl be ms~]t~Clent to unpart construcuve noUce of the hen'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 gl tho _Deed__ Records of Denton County, Texas, Thomas Ray Payne and (}lena Sean Payne conveyed the
subJeCt real property to Rlcky C Daruels and vnfe, Shem A Darnels, who are bona-fide purchasers of the
subJeCt realty, for value, and wthout noUce of thc cxist~ncc of the above-described specml paving assessment
hen, and
WHEREAS, for the foregow, g reasons, the smd specml pavLng assessment hen ~s not a vahd and
enforceable hen al~unst the subject real property descnhed ha Exhibit "A' attached hereto, NOW,
THEREFORE,
The smd City of Denton, Texas, does hereb3 forever RELEASE the real property descnbed aa Exbabit
"A" from any and all speeml assessment hens and clauns arising by va'rue of the unprovements described m the
aforesmd ordinances by the City Council, m the aforesmd notice recorded m Volume 472, Page 144 of the Deed
Records of Denton County, Texas, and m Ordinance No 61-24 recorded m Volume 543, Page 233 of the Deed
Records of Denton, County, Texas
Notvathstandmg the foregoing m~ters, the City of Denton, Texas, expressly reserves, and m no way
releases or d~seharges the personal hab, hty respecting any and all remaining balance of indebtedness owing to the
City pursuant to tho paving assessments hereto described, of W W Kremer, the record owner of the real
property described ua Exhibit "A", and commonly lmown as 724 Drn¢~o~ Trail, Denton, Denton County,
Texas, at the t~ne the above referenced ordinances providing for street Lrnprovements were enacted
EXECUTED th~s the ¢~/~'~'daY of ..'~pr// , 1998
BY JA~
ATFEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the ,~ dayof /~~ ,1995 by
Jack Miller, Mayor of Demon, Texas, a mumc~pal coq~orataon, on behalf of smd-~]~7'
~l~l m~y~,stmo~T~ MyComrmss~onExp~es o '7- t.,, ~