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Home My WebLink AboutOrdinance 2082 ORDINANCE NO. 2082 AN ORDINANCE MAKING SPECIAL ASSESSMENTS FOR STREET, CURB AND GUTTER, DRAINAGE AND SIDEWALK IMPROVEMENTS ON A PORTION OF HIGHTOWER DRIVE; CLOSING A PUBLIC HEARING; PROVIDING FOR PAYMENT IN ANNUAL INSTALLMENTS; PROVIDING FOR RECORDING THE LIEN WITH THE COUNTY CLERK AND ADOPTING ALL STATUTORY POWERS. WHEREAS, the City Council has heretofore examined and approved the estimates for construction of street, curb and gutter, drainage, and sidewalk improvements on Hightower Drive from Rufe Snow Drive east a distance of 1200 feet, more or less, a public street, and has set a time and place for a public hearing on assessment of abutting property; and WHEREAS, said assessment hearing has been held this date and all owners of abutting property have been given the right to offer protests and suggestions concerning all aspects of the assessment for said improvements; and WHEREAS, all notices have been lawfully published and mailed and all things have been done to perfect the passage of this assessment ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1. The public hearing be closed. 2. That the previous approval of the estimate of costs of these improvements on Hightower Drive is hereby ratified and affirmed. The City Council finds and determines the necessity for these improvements and orders same. 3. That a portion of the estimated cost of $603,000.00 be paid for by assessment of abutting property owners and the abutting property based upon the front foot rule. 4. The assessments made and established by this ordinance are on the property shown on the assessment rolls attached to this ordinance as Exhibit "A". 5. The assessment against each owner and each tract shall be paid to the City of North Richland Hills in five equal installments as follows: The first installment shall be due ninety days from the date the project is finished and approved by the City; the second installment shall be due one year from the date the first installment is due; the third installment shall be due one year from the date the second installment is due, the fourth installment shall be due one year from the date the third installment is due and the fifth installment shall be due one year from the date the fourth payment is due. The rate of interest on the assessment shall be 8% per annum which shall begin to run from the date the project is finished and approved by the City. Nothing contained herein shall prevent the entire assessment from being paid in one payment. A personal liability and charge against the owner of the abutting property, regardless of whether or not he is named, is hereby assessed, as well as the assessment against the property. 6. A lien is hereby established against each tract of land abutting the project as shown on the assessment rolls (Exhibit "A", hereto). 7. The City Secretary is authorized and ordered to file the liens created hereby with the office of the County Clerk of Tarrant County, Texas. 8. The City Council declares that it has adopted this ordinance pursuant to the laws of the State of Texas and all of the powers and rights given to Home Rule Cities in the laws granting assessment powers are adopted and incorporated herein by reference the same as if set out verbatim. PASSED and APPROVED this 23rd day of October, 1995. APPROVED: "'- Tommy Brown, ATTEST: (1~ ,¿,~~ J~~tte Rewis, City Secretary PAGE 1 ASSESSMENTS ROLLS EXHIBIT "A" to ORDINANCE N?, 2082 H I G H TOW E R 0 R I V E, A 1 ASSESSMENT RATES Paving and Drainage Improvements ·1 Curb & Gutter -2 Sidewalks (4' Wide) -3 Drainage -4 Drives (3D' Wide) · 5 Paving $ 2.20/F.F. 6.93/L.F. 32.60/F.F. 1,683.75/Each 80.65iF.F. City of North Richland Hills Tarrant County, Texas October 24. 1995 « ASSESSMENT ROLL» NF = Nonresidential Front Yard UNIT NO. PROPERTY OWNER AND ADDRESS 1. Randall's Properties, Inc. 3663 Briarpark, Houston, Tx. 77042 2. WCJ Rule Snow 94, Ltd. A Texas limited Pannsrship 800 8th Ave., Suite 300 Ft. Worth, Tx. 76104 3. WCJ Rufe Snow 94. Ltd., A Texas Limited Partnership 800 8th Ave., Suite 300 Ft. Worth, Tx. 76104 4. Hightower Investments LC 5020 Mark IV Parkway Ft. Worth, Tx. 76106-2219 NOTES: PROPERTY ASSES. DESCRIPTION CAT. FRONT FOOT PROP. APPAR. ASSES. CREDITS RATE Tract 1 G 1 and 1G1A, J. Condra Survey, A-311 NF Vol. 11941, Pg. 868 D.R.T.C.T. 880.91 Coven. $0.00 Tract 1 G, J. Conåra Survey, A-311 Vol. 11562, NF Pg.96 D.R.T.C.T. 308.70 Coven. 0.00 Tract 3A6 W. Mann Survey, A-1010 Vol. 11562, Pg. 10 NF D.R.T.C.T. 1 50.22 Coven. 0.00 Tract 3A5 W. Mann Survey, A- 1 0' 0 Vol. 11196, NF Pg. 1118 D.R.T.C.T. 449.78 , 15.45 0.00 Assessment Rates Listed Above are Averages based on the following components: Unit 1. Covenant Unit 2. Covenant Unit 3. Covenant Unit 4. ·1, ·3,·5 ASSESS. LESS CREDITS Covenant Covenant Covenant 13,000.00 Page 1 of 2 Page 2 EXHIBIT "A" to ORDINANCE 2082 H I G H TOW E R 0 R I V E, A 1 Paving and Drainage Improvements City of North Richland Hills Tarrant County, Texas « ASSESSMENT ROLL» October 24, 1995 UNIT NO. PROPERTY OWNER AND ADDRESS 5. Michael J. Aranson, Trustee 1 Allegheny Center, Suite 650 Pittsburg, P.A. 15212·5406 6. Billy J. Graham and Wife, Ernestine 5020 Mark IV Parkway F.t Worth, Tx. 76106-2219 PROPERTY DESCRIPTION Tract 3A 7 W. Mann Survey, A- 1010 Vol. 9235, Pg. 1776 D.R.T.C.T. Tract 3A3 W. Mann Survey, A-1010 Vol. 4204, Pg. 116 D.R.T.C.T. ASSESSMENT RATES -1 Curb & Gutter -2 Sidewalks (4' Wide) · 3 Drainage ·4 Drives (30' Wide) -5 Paving $ 2.20/F.F. 6.93/L.F. 32.60/F.F. 1,683.75/Each 80.65/F.F. NF = Nonresidential Front Yard ASSES. CAT. FRONT FOOT PROP. ASSES. RATE APPAR. CREDITS NF 519.61 $115.45 0.00 NF 70.00 Agree. 0.00 NOTES: Assessment Rates Listed Above are Averages based on the following components: Unit 5. ·1, ·3. -5 Unit 6. Agreement ASSESS. LESS CREDITS $34,000.00 Agreement ' Page 2 of 2 F "=j ~ð NOTICE OF ASSESSMENTS To the County Clerk of Tarrant County: The City Council of the City of North Richland Hills, Texas hereby gives notice that it has by ordinance determined that street and drainage improvements are necessary on Hightower Drive from Rufe Snow Drive east a distance' of 1200 feet, more or less, City of North Richland Hills, Tarrant County, Texas. The improvements consist of a 49 foot wide street with 8 inches of base material, 7 inches of asphalt or concrete and necessary drainage appurtenances and curb and gutter. A portion of the cost of these street improvements has been specially assessed against the benefitted property which is located in the City of North Richland Hills, Tarrant County, Texas and is described in Exhibit "A", attached hereto and made a part hereof. By Ordinance No. 2082, a lien has been created against each of the benefited properties pursuant to the powers granted to cities by the laws of the State of Texas. The property description on Exhibit "A" contains a reference to the volume and page where the source document is recorded in the Deed Records of Tarrant County, Texas (D.R.T.C.T.). The legal description in each source document is incorporated herein by reference and made a part hereof the same as if copied verbatim. Each tract is located in the City of North Richland Hills, Tarrant County, Texas. The County Clerk should file this notice and index it in the name of the City of North Richland Hills, Texas. ,:I) Signed on behalf of the City of North Richland Hills this ;Jtj day of Ud1J!..v..... , 1995. CITY OF NORTH RICHLAND HILLS, TEXAS (seal) byO/¿f,d'lU-%.-I ¿~~/ "( City Secretary STATE OF TEXAS ) COUNTY OF TARRANT ) Acknowledged before me by Jeanette R~wis, City Secretary of the City of North Richland Hills, Texas this ~1 day of lj(l;/1}1;.u / , 1995. AFTER RECORDING, RETURN TO: City Secretary City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182 Ot1liUtycL Æ~ Notary Public, State of Texas \2\63 08\6 Page 1 EXHIBIT "A" H I G H TOW E R D R I V E, A 1 ASS E SSM E N T RAT E S ., Curb & Gutter "'2 Sidewalks (4' Wide) "'3 Drainage ·4 Drives (30' Wide) ·5 Paving Paving and Drainage Jmprovements $ 2.20/F.F. 6.93/L.F. 32.60/F.F. 1,683.75/Each 80.65íF.F. City of North Richland Hills Tarrant County, Texas « ASSESSMENT ROLL» October 24, 1995 UNIT PROPERTY NO. OWNER AND ADDRESS 1 . Randall's Properties, Inc. 3663 Briarpark, Houston, Tx. 77042 2. WCJ Rufs Snow 94, Ltd. A Texas Limited Psnnership I 800 8th Ave., Suite 300 Ft. Worth, Tx. 76104 3. WCJ Rufe Snow 94, Ltd., A Texas Limited Partnership 800 8th Ave., Suite 300 Ft. Worth, Tx. 76104 4. Hightower Investments LC 5020 Mark IV Parkway Ft. Worth, Tx. 76106-2219 NOTES: NF = Nonresidential Front Yard PROPERTY ASSES. DESCRIPTION CAT. FRONT FOOT PROP. APPAR. ASSES. CREDITS RATE Tract1G1 and 1G1A, J. Condra Survey, A·311 NF Vol. 11941, Pg. 868 D.R.T.C.T. 880.91 Coven. $0.00 Tract 1G, J. Condra Survey, A-311 Vol. 11562, NF Pg.96 D.R.T.C.T. 308.70 Coven. 0.00 Tract 3AS W. Mann Survey, A-1 010 Vol. 11562, Pg.10 NF D.R.T.C.T. 150.22 Coven. 0.00 Tract 3A5 W. Mann Survey, A- 1010 Vol. 111 96, NF Pg. 1118 D.R.T.C.T. 449.78 115.45 0.00 Assessment Rates Listed Above are Averages based on the following components: Unit 1. Covenant Unit 2. Covenant Unit 3. Covenant Unit 4. ·1, "3, ·5 \2'53 ASSESS. LESS CREDITS Covenant Covenant Covenant 13,000.00 Page 1 of 2 0817 Page 2 of EXHIBIT"A" H I G H TOW E R 0 R I V E, A 1 Paving and Drainage Improvements City of North Richland Hilis Tarrant County, Texas « ASSESSMENT ROLL» October 24, 1995 ASSESSMENT RATES ·1 Curb & Gutter ·2 Sidewalks (4' Wide) ·3 Drainage · 4 Drives (30' Wide) ·5 Paving $ 2.20/F.F. 6.93/L.F. 32.60/F.F. 1,683.75/Each BO.65/F.F. NF = Nonresidential Front Yard UNIT PROPERTY PROPERTY ASSES. NO. OWNER DESCRIPTION CAT. AND ADDRESS 5. Michael J. Aranson , Trustee 1 Allegheny Center, Suite 650 Pittsburg, P.A. 15212·5406 Billy J. Graham and Wife, Ernestine 5020 Mark IV Parkway F.t Worth, Tx. 76106-2219 " 6. Tract 3A 7 W. Mann Survey, A-l010 Vol. 9235, Pg. 1776 D.R.T.C.T. Tract 3A3 W. Mann Survey I A-1 01 0 Vol. 4204, Pg. 116 D.R.T.C.T. FRONT FOOT NF 519.61 PROP. APPAR. ASSES. CREDITS RATE $115.45 0.00 NF 70.00 Agree. 0.00 NOTES: Assessment Rates Listed Above are Averages based on the follt'wing components: Unit 5. ·1, ·3, ·5 Unit 6. Agreement '2\63 ASSESS. LESS CREDITS $34,000.00 Agreement· Page 2 of 2 08'8 D195205150 CITY OF NORTH RICHLAND POBOX 820609 CITY SECRETARY N RICHLAND HILLS, TX HILLS 76182 -W A R N lNG-THIS IS PART OP THE OFFICIAL RECORD--D 0 NOT DES T ROY I N D E XED -- TAR RAN T C 0 U N T Y T E X A S S U Z ANN E HEN D E R SON -- COUNTY CLERK OFF I C I A L R E C E I P T T 0: CITY OF NORTH RICHLAND HILLS RECEIPT NO 196034980 REGISTER RECD-BY PRINTED DATE TIME DR91 T003957 11/09/95 11:16 1 INSTRUMENT FEECD D195205150 WD INDEXED TIME 951109 11:16 CK 077878 TOT A L DOCUMENTS: 01 FEE S: 13.00 B Y: v ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. 12163 0819 ,~ .`, ~ rn~a ~, inc.-oo~~~ ~ vS~L~~~2 .. STATE OF. TEXAS § ~~ ~ ~ § ~ COUt~iTY OF TARRANT § RELEASE BY CITY OF NORTH RICHLAND HILLS gage 816 By Notice of Assessment filed in the official records of the County Clerk of Tarrant County, Texas at Volume 12163, Page, the City of North Richland Hills, by passage of Ordinance No. 2082, imposed a lien upon the following described real property in the City of North Richland Hills, Tarrant County, Texas, to wit: Tract 3A3, W. Mann Survey, A-1010 Said tract is identified as Unit 6 on the assessment rolls. Said lien has been fully paid and satisfied. The City of North Richland Hills hereby releases said lien. ~% \~ ~ ~i~~~%~and and seal this al ,~ ; ~: n ~ _ : N `~• gip: ~" :-~= ~~„. .. h ~ ~~; •m: , .. ,',/' ~ ~'~,, ~~~1111t1 STATE OF TEXAS § COUNTY OF TARRANT § day of March 2006. CITY OF NORTH RICHLAND HILLS, TEXAS By~~ f~~~i~~ Patricia Hutson, City Secretary BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Patricia Hutson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for and as the act and deed of the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed, and in the capacity therein stated. ~~ GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~-~ day of March 2006 A.D. AFTER RECORDING, RETURN TO: City Secretary City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182-0609 --*+~ +;~ ~y, RR ,~+' I~ ! S.' J ~ i CITY SECRETARY P O BOX 820609 FT WORTH TX 76182 Submitter: REPUBLIC TITLE OF TEXAS SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 i N DO NOT DESTROY WARNING - THIS /S PART OF THE OFFICIAL RECORD. Filed For Registration: 04/12/2006 03:03 PM Instrument #: D206107559 R 2 PGS $16.00 D206107559 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. STATE OF TEXAS § § RELEASE OF LIEN COUNTY OF TARRANT § WHEREAS, by Ordinance No. 2082 the City of North Richland Hills imposed a street paving assessment lien against Tract 3A5, Abstract 1010 W. Mann Survey, City of North Richland Hills, Tarrant County, Texas in the amount of $13,000; and WHEREAS, the owner of said tract, Hightower Investments, L.C., has conveyed a 4,249 square foot area to the City by aRight-of--way Deed dated November 7, 1995 which is recorded in Volume 12166 at P. 1161, Deed Records of Tarrant County, Texas. NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS that: For and in consideration of the execution and delivery of the above described Right-of--Way Deed the City of North Richland Hills, Texas does hereby release and forever quit claim to Hightower Investments, L.C., its successors and assigns, the lien established by Ordinance No. 2082 against Unit 4 in the amount of $13,000 and no lien shall exist against Tract 3A5 of Abstract 1010 W. Mann Survey by virtue of said Ordinance No. 2082. Signed this ~/ day of July, 1996. CITY OF NORTH RICHLAND HILLS, TEXAS By ~~7G~-~ll~la aeon, City Secretary Released per Rex McEntire & Mark Bradley 7131196