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2001-349 ORDINANCE NO d ~{~/- ~d/ q AN ORDINANCE PARTIALLY RELEASING A CERTAIN MOWING LIEN RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS IN VOLUME 2722, PAGE 0925, AS IT PERTAINS TO A 0 0019 ACRE TRACT NECESSARY FOR THE U S HIGHWAY 380 WIDENING PROJECT (PARCEL 5), AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Council hereby partially releases that certain mowing lien recorded in the Real Property Records of Denton County, Texas m Volume 2722, Page 0925 (the "Mowing Lien") but only as It pertains to a 0 0019 acre tract of land fully described in Exinbit ,,A,, attached hereto and made a part hereof by reference (the "Property") The Property is Parcel 5 for the U S Highway 380 widemng project The Mowing Lien shall remain in full force and effect against all other properties to which it applies SECTION 2 The City Manager, or his designee, as authorized to record a certified copy of this ordinance in the Real Property Records of Denton County, or in the alternative execute and record a partml release of hen document that effectuates a release of the Mowing Lien against the Property SECTION 3 Tins ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tins the day of (~~ ,2001 EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY APP~dDVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PARTIAL RELEASE OF A NOTICE OF LIEN THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § THAT WHEREAS, on January 31, 1990, a notice was given that the City of Denton, Municipal Building, 215 E McKanney, Denton, Texas, is claiming a lien for expenses incurred in abating tbe nuisance of h~gh grass and weeds on the property described thereto in Volume 2722, Page 925, of the Real Property Records of Denton County, Texas, V~rIEREAS, the State of Texas, acting by and through Texas Department of Transportation has acquired from the said Patrick Will and wife, Dawnree Will certain part and parcel of land described m EXItIBIT "A ' attached hereto and made a part and parcel of land hereof and desires that the said Notice of Lien be remlsed, release and forever relinquished insofar as it appertain to or affects the hereinbefore described part and parcel of land as shown m EXttIBIT "A ", and NOW THEREFORE, CITY OF DENTON, acting by and through its Mayor, for and m the consideration for TEN AND NOfI00 ($10 00) DOLLARS, to us in hand paid the receipt of which is hereby acknowledged, remlsed, released and relinquish and by these presents do remlse, release and forever relinquish unto the State of Texas all that certain Notice of Lien created in the instrument as above mentioned, located over, along, across and upon the premises described in EXtIIBIT "A" above mentioned, m so far as they affects or appertains to the prermses in EXHIBIT"A", and PROVIDED, HOWEVER, that this partml release shall not be construed to waive or in any manner affect the Not,ce of Lien held and owned by the undersigned upon the residue of said property as fully described in the instruments hereanabove menUoned as attach as EXHIBIT "A" EX CDTED on th,s the day of2001 CITY OF DENTON, TEXAS Euhne Brock, Mayor ATTEST JE~IIFER WALTER, CIIY SECRETARY ,Z¥ ATI'OR~'~ ProjeciNo 8018-02-0 ParcelNo 5 Page 1 CORPORATE ACKNOWLEDGMENT STATE OF TEXAS Th~s instrument was acknowledged before me on the /'ff day 2001, by Eulme Brock, Mayor of the C~ty of Denton, Texas, a mumcapal corporaUon, on 1Jehalf of smd c~ty N"~a~y Pubhc m and for the Sta~e of Texas  My Comm~s~o~ Exp~es Project No 8018-02-0, Parcel No 5 Page 2 EXHIBIT "A" County: ~_~ Page' ~ of ~ Highway: ~ D-15-31 Pro]eot Limits: From U.S. 77 Rev. February 07, 1995 To Loop 288 CSJ: ~ Account: ~ Legal Land Description for Parcel BEING 84 square feet or 0.0019 acres of land, more or less, situated in the M. Melsenheimer Survey, Abstract Number 811, the City of Denton, Denton County, Texas, and being a part of the land conveyed to Llnda Jane Gann Ireland by deed as recorded in Volume 2661, Page 904, Deed Records of Denton County, Texas; said 84 square feet or 0.0019 acres of land being more particularly described by metes and bounds as follows: COMMENCING at an iron rod found being an interior ell corner in the eastern property line of said Ireland tract of land and the northwest corner of a tract of land conveyed to Robert D Caudill and wife, Karen G.Caudill, by deed as recorded in Volume 2722, Page 368, Deed Records of Denton County, Texas; THENCE South 00 degrees 45 minutes 04 seconds West along the common property line of said Ireland tract of land and said Caudlll tract of land a distance of 192.70 ~eet to the southwest corner of said Caudlll tract of land and the southwest corner of said Ireland trac~ of land, and being in the existing northern right of way line of U.S. 380; THENCE North 89 degrees 45 minutes 53 seconds West along the existing northern right of way line of u S. 380 for a d~stance of 73.71 ~eet to an "X" cut in the new northern right of way line of U S. 380, at the POINT OF BEGINNING, (1) THENCE North 89 degrees 45 minutes 53 seconds West along the existing northern right of way line of U.S. 380 for a distance of 43~,29 feet to the southwest corner of said Ireland tract and the southeast corner of a tract of land conveyed to Unified Commercial Reality, Llmlted, by deed as recorded in Volume 2816, Page 151, Deed Records of Denton County, Texas; (2) THENCE North 00 degrees 45 m~nutes 04 seconds East along the com/non property line of said Ireland tract and said Unlfled Commercial Reality tract of land for a distance of 4 05 feet to an iron rod set in the new northern right of way line of U.S. 380; EXHIBIT "A" County: Denton Page- ~ of ~ Highway: U.S. 380 D-15-31 Project Limits: From UtS. 77 Rev. February 07, 1995 To ~ csJ: ~ Account: 8018-2-2 Legal Land Description for Parcel (3) THENCE South 84 degrees 09 minutes 17 seconds East along the new northern r~ght of way llne of U.S 380 for a d~stance of 41.45 feet to the POINT OF BEGINNING, and containing an area of 84 square feet or 0.0019 acres of land, more or less