HomeMy WebLinkAboutResolution 1994-024
RESOLUTION NO. 94-24
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
1.
The Mayor be, and is hereby, authorized to execute that
certain subordination agreement, attached hereto and made a part
hereof, as the act and deed of the City.
PASSED AND APPROVED this 23rd day of May, 1994.
APPROVED:
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
Rex M~ the city
MAY 1'" . 94 (MON) 10.30
PAGE. '3
described in Exhibit 1tAU and the First and Second Liens referenced
herein I and shall have no force or ef feat on any other real
property described in the Paving Lien recorded in Volume 11096,
Page 1218, Deed Records of Tarrant County, Texas.
The CITY 0.. NORTH 1\ICRT.UI) B:tLLS, TIIDS subordinates all
security interest., liens, and mortgages now or later securinq the
pav1nq Lien to all security interests, liens, and mortqaqes now or
lat.er securing- the First and Second Liens. The CJ:'ty O. BOaIfH
R%CBLaRD KXLLI, ~.1a8 agrees not to institute any proceedings to
regover from Owners any a1l\ounts due und.er the Paving Lien and shall
not aasign the paving Lien to any third party without prior written
no~1fication to the First and Second Lienholders.
Without limitation, coneent, notice or liability and wi~hout
releasinq or impairing any of First and .Second Lienholders· rights
against owners or the CI-ty œ BoaTS RICSJd\JID BILLS, If.DB, the
First and seoonc1 Lienholders may take any of the followinq actions:
a. take additional security fer the debt owed to
them 1:Iy OWners:
Þ. release, exchange, or subordinate any security
for the debt owed to them by owners;
c. release any person obligated on the debt owed
t.o them by OWners 1
d. modify or waive compliance with any agreement
relatinq to the debt owed to them by OWners;
e. grant any adju8tment, indulgence, or
forbearanoe to or compromise with any person
liable for the debt owed to them by OWners;
f. neglect, delay, omit, fail, or refuse to take
or prosecute any action for collection of the
debt owed to them by owners, to foreolose any
oollateral, or to take any action reqarding
any agreement seourinq the debt owed to them
by OWners.
The First a.nd Second !...Iienholders, may assiqn their rlqbts
under this Agreement in connection with any assignment or transfer
of the debt owed to them by owners. Any foreclosure aqainst the
property described. on :gxhlÞit "A" and shall foreclose and discharge
all security inter..ts, liens and mortgages securing the Paving
Lien ~ubordlnated herein and any purchaser at the foreclosure sale
shall take title to the property free of all security intereat,
liens and mor~qages securing the subordinate pavinq Lien. The term
SUlDRDIN"TlOII MiREEÞEtlT - Pate 2
ç: fddIaJ p/LwyerISubon:U n.AIR
MAY. 16 . 94 (MON) 10.31
PAGE. 4
"debt" means all present and future debts, obligations and
liabilities, direct or indirect, absolute or contingent, joint or
several, secured or unsecured, due or not due, contractual or
tortious, liquidated or unliquidated, arising by operation of law
or otherwise. The term includes all costs incurred to okrtain,
pr..erve, perfect, or enforce any security interest, lien, or
mortqage; to collect. any debt, or to maintain, preserve, collect,
and enforoe any dollatera14 The term also incluðes interest, if
any, acoruing on these amounts, as provided in any writt.en
in.t.ru:ment..
IIJIJICII'IWD this 4- day of May. 1994.
CX~y O~ .ORTB RICBLABD BILLS, TBSaS
By:
A'Pl':l8'1' I
~~tk ~~
tl..7~ ~:U~~
8TaT3 ~ TBsa8 I
I
COUlftY C1'I 'f.utRAIIT I
This instrument.
of May, ~994, by
a municipality of
REX L. MCENTIRE
NOTARY PUBU
State of Texas
Comm. Exp. Ol.()6.97
5O_DIIIATlON AOREDlEIIT - Pa". 1
e.pddlaJPlLawY.r/luborCNn.AGI
EXHIBIT "A"
FIELD NOTES
ßEING 0.73 acres of land, more or less, out of the TANDY K. MARTIN SURVEY,
Abstract 1055, North Richland Hills, Tarrant County, Texas, also being that
certain tract conveyed to Ralph Gilchriest as recorded in Volume 6470,
Page 106, Deed Records, Tarrant County, Texas, and being more particularly
described as follows:
BEGINNING at a 1 inch :Lron rod found at the northeast corner of the herein
described tract, said point being in the west line of a tract conveyed to
Scott Brandt as recorded in Volume 10925, Page 203, Deed Records, Tarrant
County, Texas;
THENCE: S 00°09'25" E (Record Bearing) along said west line for a distance
of 267.79 feet to a ~ inch iron rod found in the north line of a tract
conveyed to Charles Brandt as recorded in Volume 11040, Page 1366, Deed
Records, Tarrant County, Texas;
THENCE: N 89°57'31" W along said north line for a distance of l34.41 feet
to a 5/8 inch iron rod found in the east line of a tract conveyed to
Earl E. Baker as recorded in Volume 3183, Page 328, Deed Records, Tarrant
County, Texas;
THENCE: N 00°07'51" E along said east line for a dbtance of 201.60 feet
to a 5/8 inch iron rod set in the south line of Amundson Road;
THENCE: N 60°47'28" E along said sOllth line for a distance of 49.60 feet
to a i inch iron rod found for COCllI!r;
THENCE: N 61°56'28" E continuing along said south line for a distance of
50.10 feet to a ~ inch iron rod found for corner;
THENCE: N 68°09'07" E continuing along said south line for a distance of
49.25 feet to the POINT OF BEGINNING and CONTAINING 0.73 acres of land,
more or less, as surveyed by Steven W. Hughes, Registered Professional Land
Surveyor during the month of March 1994.
lAWYERS TITLE n&:JRANCE CX>RPORATIOO'
NATICR\L HEAJ:QJARTERS
RICM:!m, vmGJNIA
CXMŒ'IMENr FOR TITLE INSURmCE
SCHEOOLE A
Examiner:ES
Typist: ES
Closer: JKB
GF NudJer: SS 94æ279
Issue Date: March 18, 1994
Effective Date of Canni'bœnt: April 25, 1994
1. 'lbe policy or policies 1:0 be issued ar:e:
at 8:00 O'Clock a.m.
(a) ŒJNER. POLICY OF TITLE INSURmCE (Fm:m T-1) $
(Not applicable for inproved œe-to-four family
residential :real estate)
PROPOSED INSURED:
(b) TEXAS RESIDFm'IAL ŒJNER. POLICY OF TITLE n&:JRANCE - $
Qm-TO-FOOR Fm-IILY RESIDmcæ (Fm:m T-lR)
PROPOSED INSURED:
(c) M:>Rl'GAGEE POLICY OF TITLE n&:JRANCE (Form T-2)
$61,750.00
PROPOSED INSURED: 1st: Quality Mortgage USA
2nd: Certified Funding Corporation
Proposed Bar:rower: Ralph L. Gilchriest am wife, Ellen I. Gilchriest
(d) M:>Rl'GAGEE TITLE POLICY BDmER 00' INl'ERIM
~OO' LœN (Farm T-13)
PROPOSED INSURED:
$
Proposed Borrower:
(e) ornER:
$
PROPOSED INSURED:
2. 'lbe interest in the land CDVered by this Canni 'bœnt is:
Fee Simple
lAWYERS TITLE n&:JRANCE CX>RPORATIŒ
Countersigned at Dallas, Texas Authorized Officer or 1\gent
'lhis Canni 'bœnt is invalid UlÙesS the insuring provisioos and
Schedules A, B, and C ar:e attached.
FODn 42-31 (SCh. A)
035-1-031-4200/6
(1-1-93)
IAWYERS TITLE INSURANC:E CX>RPORATICfi
NATICHU. ~
RIOJltØID, VIRGINIA
GF NtDDer: SS 9403279
CDMr'IMENr FOR TITLE INSURANC:E
sc:m:roLE A Calti:mJed
3. Recard. title 1:0 the land m the Effective Da.1:e appears 1:0 be vested in:
Ralph L. Gilchriest et ux Ellen I. Gilchriest
4. legal Descriptim of land:
Being 0.730 acres of larXl, nore or less, out of the TANDY K. MARrIN SURVEY,
ABSTRACl' 00. 1055, in the City of N:')rth RichlarXl Hills, Tarrant County, Texas, arXl
being ITDre particularly described in Exhibit "A" attached hereto..
'!his Cœmi tIœnt is invalid unless the insuring provisiœs and
Sd1edules A, B, and C are a1:t.ached.
Fonn 42-31 (Sdh. A)
035-1-031-4200/6
(1-1-93)
FIELD NOTES
ßEING 0.73 acres of land, more or less, out of the TANDY K. MARTIN SURVEY,
Abstract 1055, North Richland Hills, Tarrant County, Texas, also being that
certain tract conveyed to Ralph Gi1chriest as recorded in Volume 6li70,
Page 106, Deed Records, Tarrant County, Texas, and being more particularly
described as follows:
BEGINNING at a 1 inch iron rod found at the northeast corner of the her.ein
described tract, said point being in the west line of a tract conveyed to
Scott Brandt as recorded in Volume 1.0925, Page 203, Deed Records, Tarrant
County, Texas;
THENCE: S 00°09'25" E (Record Bearing) along said west line for a distance
of 267.79 feet to a ~ inch iron rod found in the north line of a tract
conveyed to Charles Brandt as recorded in Volume 11040, Page 1366, Deed
Records, Tarrant County, Texas;
THENCE: N 89°57131" W along said north line for a distance of l3l, .41 feet
to a 578 inch iron rod found in the east line of a tract conveyed to
Earl E. Baker as recorded in Volume 3183, Page 328, Deed Records, Tarrant
County, Texas;
THENCE: N 00°07151" E along said east line for a distance of 201.60 feet
to a 518 inch iron rod set in the south line of Amundson Road;
THENCE: N 600l.7'28" E along said sonth line for a distance of l19. 60 feet
to a !í inch iron rod found for corn(!r;
THENCE: N 61°56'28" E continuing along said south line for a distance of
50.10 fe(~t to a ~ inch iron rod found for corner;
THENCE: N 68°09'07" E continuing along said south line for a distance of
49.25 feet to the POINT Oli' BEGINNING and CONTAINING 0.73 acres of land,
more or less, as surveyed by Steven W. Hughes, Registered Professional Land
Surveyor during the month of March 1994.
LAWYERS TITLE INSURANCE CORPORATICN
NATIOOAL ~
RIOMH:>, VIRGINIA
GF NtDDer: SS 94æ279
CXHofI'1'MEN1' FOR TITLE INSURANCE
SOIEWLE B
~l'íCR; FOCM CXJVERAGE
In aðdi tioo. 1;0 the Exclusims and Ca1di tims and Stipulatims, your Policy will not
cover loss, CDsts, attorney's fees, and expenses resulting fran:
1. '!be following restrictive covenants of reco£d itemized below (We DUSt either
insert specific recording data or delete this exceptioo.):
Paragraph I is deleted in its entirety.
2. Any discrepancies, cxnflicts, or shart:ages in area or boundary lines, or any
encr:oachœnts, or prot:r:usims or any overlapping of .:inprovements.
3. Hcmestead or camunity pt'~ or survivorship rights, if any of any spouse of
any insured. (Applies 1;0 the Owner Policy aùy.)
4. Any titles or rights asserted by anyooe, including, oot not limited 1;0, persa1S,
the public, COLJ?OL'dtims, ~:nt~ts or ather entities,
a. 1;0 tidelands, or lands cœprising the shares or beds of navigable or
perermial rivers and streams, lakes, bays, gulfs or oceans, or,
b. 1;0 lands beya1d the line of the hamar or bu.lkhead lines as established or
changed by any ~l"l::2lt, or,
c. 1;0 filled-in lands, or artificial islands, or
d. 1;0 statuttn:y water rights, including riparian rights, or
e. 1;0 the area extending fran the line of mean low tide 1;0 the line of
vegetatioo., or the rights of access 1;0 that area or easement aloog and.
across that area (Applies 1;0 the Owner Policy aùy.).
5. Standby fees, taxes and. assesSllBlts by any taxing authority for the year 1994 and
subsequent years, and subsequent taxes and assesSllBlts by any taxing authority
for prior years due 1;0 d1ange in land usage or ownership.
6. '!be ter:ms and oonditims of the ðoaW'llE'1\ts creating your interest in the land.
7. Materials furnished or labor perfcmœd in cxxmectioo. with planned exmstructiœ
before signing and delivering the lien rlooW'llE'1\t described in Schedule A, if the
land is part of the hcmestead of the owner. (Applies 1;0 the Mx1:gagee Title
Policy Binder œ Interim Ca1str:uctiœ loan aùy, and may be deleted if
satisfactory evidence is given 1;0 us before a binder is issued.)
8. Liens and. leases that affect the title 1;0 the land, but that are subordinate 1;0
the lien of the insured DDt'lgage. (Mx1:gagee Policy aùy.)
(Cmtinued )
'!his Cœmi tment is invalid unless the insuring provisims and.
Schedules A, B, and. C are attached.
FODn 42-31 (Sch. B)
035-1-031-4203/8
(1-1-93)
IAW!ŒRS TITLE INSlJ!WCE (X)RP()RATIŒ
NATI<HU.. ~
RIan-Dm, VIRG1NIA
GF NlIIber: SS 9403279
CXMotI'ltt1ENl' FOR TITLE INSlJ!WCE
SCHEWLE B
EKcepti.œs £ran Coverage Ccntinued
9. '!be following matter and all t:eI:ms of the &:x:,~t creating or offering
evidence of the matters (We IIUSt :insert matters or delete this excepticn.):
a. Rights of parties in possession.
b. Easarents, or claims of easemants, mt sh=Mn by the public records, but
which would be sh=Mn on a CDrreCt survey.
I.AWY'mS TITLE msuIWa CX>RPORATICN
NATICfiAL ~
RI(]M:H), VIRGINIA
GF Nœber: SS 94æ279
c:n+n'IMENr FOR TITLE msuIWa
sœEIXJLE C
Your Policy will not cover loss, cos1:s, attaa:~' s fees, and. expenses resulting fran
the following requirements that will appear as Except:i.oos in Sc:bedule B of the Policy,
unless you dispose of "these DB1:t.ers 1:0 our satisfactien, befaœ the da.1:e the Policy
is issued:
1. Docunents creating your title ar interest I1IJS1: be approved by us and. I1IJS1: be
signed, notarized and. filed far reamI.
2. Satisfa.ctary evidence III.lS1: be provided that:
- no pe:rscn ocx::upying the land c1a.ins any interest in that land agains1: the pet:sc:.1.
named in paragraph 3 of Sc:bedule A,
- all s1:andby fees, "taxes, assessments and. d1a:rges agains1: 1:he P£'~ l)' have been
paid,
- all :inp:roveœnts ar repairs 1:0 1:he pr'O£)e£ l)' are CXJIpleted and. é3CCef1ted by the
owner, and. that all c:xn1:ractars, su'tx:D1st:ract, labot'et's and. suppliers have
been fuly paid, and. that no mechanic's, laborer's ar DBteri~lR1E"'\'S liens have
a1:1:ached 1:0 the prop& l}T,
- "there is legal right of access 1:0 and. fran the land,
- (en Mxlgagee Policy ally) rest:rictims have not been and. will not be
viola1:ed that affect the validity and. priarity of the insured ~lgage.
3. You DUSt pay the seller ar bar:rower the agreed anø.mt far your prop& ly ar
interest .
4. Any defect, lien ar ather DBtter that may affect title 1:0 1:he land ar interest
insured, that arises ar is filed after the effective da.1:e of "this C'œmi1Iœnt.
5. Exc:apt in an exanpt transaction, the Cœ1pany must be fuI:nisla:i with Seller's
Social Security Number or Tax ldentificaticn Number arrl all o1:b3r infcn:maticn
ra:ESsa:ry to CD11plete IRS Fran 1099-S.
6. roI'ICE: 'Iú ALL BUYERS, SELLERS, BJROCMERS, LENDERS arrl all parties interested in
the transaction CDVered by this Carm:i:t:nent:
The follCMing cx::nsti tutes a major change in the procedures arrl requirements for
disbursefœnt of furrls by the Title Agent pursuant to this transacticn:
Effective September 26, 1988, the State Board of Insurance has adopted Prc:x:Edural
Rule P-27 (as arœn:Ied) which requires that IIGcxxi F\Jrxis" be received arrl deIX>Sited
before a Title Agent may disburse fran its trust furrl acx::x::xmt.
(Cartinued)
'Ibis C'œmi 1Iœnt is invalid unless the insuring provisims and.
Sc:bedules A, B, and. C are attached.
Facm 42-31 (Sdh. C)
035-1-031-4204/5
(1-1-93)
IAWYERS TITLE INSURAI«:E CX>RPORATIœ
NATIœmL ~
RIO.uID, VIRGINIA
GF Nœber: SS 9403279
cn+tI'1MEm' FOR TITLE INSURAI«:E
sœEOOLE C - Ccntinued
"<XX)D FUNDS" neans:
a. Cash or wire transfers;
b. Certified checks, cashier's checks arrl teller's checks, as ~
described in defini tim "g" of this :rule;
c. lh::2rtified funds in arrcunts less than $1,500.00 irx:luding checks,
travelers checks, IID1eY orders arrl negotiable orders of wi tlxirawal.;
provided multiple i terns shall mt be used to avoid the $1,500.00
limi tatian.
d. lh::2rtified furos in arrcunts of $1,500.00 or ItDre, drafts, arrl any other
i terns wŒ!n collected by the finaooial institution;
e. State of Texas warrants; (This itan cl'1arvJed .August 25, 1988.);
f. United States Treasury checks;
g. C1ec.ks drawn m a bank or savings arrl loan associatim insured by the FDIC
or FSLIC arrl for which a transactim code has been issued pursuant to, arrl
in cx:mpliarx:::e with, a fully executed Irrrrediately Available F\.IOOs Prooedure
Agrea'œnt (Form T-37 ) with such bank or savings arrl loan associatim;
h. C1ec.ks by city arrl c:n.mty gov&nœnts located in the State of Texas.
7. We must be furnish:rl. a properly executed Affidavit of ~ts arrl Liens, executed
by Ralph L. Gilchriest et ux Ellen I. Gilchriest, Seller(s)jBorrc:Mer(s).
8. We must be furnish:rl. a properly executed Waiver of Inspection, executed by the
Purchaser( s). (Owner's Policy CDly)
10.
9. If the area arrl !::x::Jurrlary exceptim is to s}x)w cnly "slx>rtages in area" we must
be furnish:rl. with a survey sh:Ming a plat arrl CDI'ltaining the correct descriptim
of the subject pt:q)erty made by a liœnsed public surveyor or the State of
Texas, suitable to this title a:mpany.
Vermr's Lien :retained in :r.eed dated April 17, 1978, filed May 1, 1978, recm:òed
in Volune 6470, Page 103, :r.eed Rea:>rds, Tan:änt County, Texas, executed by Jinmy
R. Lewis arrl wife, L:i.Irla Jare Iewis to Ralph R. Gilchriest arrl wife, Ellen I.
Gilchriest, securin;;J the payrœnt of cne mte of even date therewith in the
original pri1x:ipal annmt of $40,850.00, payable to Colcnial Savings arrl loan
Association; additiooally secured by Deed of Trost of even date therewith to J.
S. duBose arrl/or Lee J. Brc::d<shire, Jr., Trustee(s), recm:òed in Volune 3050,
Page 843, :r.eed of Trost Rea:>rds, Tan:änt County, Texas.
~
~-,\
(Continued )
IAmŒRS TI'I'LE INSURANCE roRPOOATICN
tmTICHU:. ~
RI(]iM:H), VIRGDŒA
GF Nu1ber: SS 9403279
CCM«'1MENl' FOR TITLE INSURANCE
SCHEIXJLE C - Ccntinued
Said Note am Lien havirYJ been assigned to Federal Naticnal M:ntgage As&x:::.iatioo
by assignrœnt dated August 16, 1978, filed August 28, 1978, rea.Jrded in Volurœ
6560, Page 481, n=ed Rea:>rds, Tarrant County, Texas.
11. n=ed of Trost dated March 2, 1983, filed March 29, 1983, rea.Jrded in Volurœ
7474, Page 1301, n=ed of Trost Rea:>rds, Tarrant County, Texas, executed by Ral¡i1
L. Gilchriest et ux El1in I. Gilchriest to J. S. DuBose am/or Lee J.
Brookshire, Jr., Trustee(s), securirYJ ~ paynent of CJ:'1e mte of even date
therewith in ~ original prirx:=ipal ann.mt of $25,000.00, payable to Colc:nial
Savings am Loan As&x:::.iatioo.
1~0rd.i.nancB No. 1885, dated May 24, 1993, by ~ City of North Richlam Hills, a
_/'~ certified ropy of which is filed in Volurœ 11096, Page 1218, Deed ReaJrds,
~~ Tarrant County, Texas, levies assessænts against Aml.1rrlsc:n Road. Be sure that
any am all assessænts arising fran said :improvaœ.nts are paid in full at
~J
<:} closing.
~
13. Bankruptcy, Cause #491-42648, involving property owners, Ralph & Ellen
Gilchriest, has rortioos of ~ O1apter 13 proceedings filed in n=ed ReaJrds, in
Volurœ 10303, Page 2353 am Vo1urœ 11004, Page 423. In regards to said
Bankruptcy:
CœpIDy requires:
..
~
""\
a. SatisfactoJ::y evidence that the Bankruptcy involves a pe.rsc:n or entity other
than the rea::>rd owner; or,
b. Satisfacto:r:y evidence that the subject property was set aside as exanpt;
or,
c. An. oràer fran the Bankruptcy Court autlx:>rizi.ng the proposed transactioo;
or,
d. Satisfacto:r:y evideocE that the O1apter 11 or 13 Plan has been approved am
that the proposed transactioo is be:i.nJ maðe pursuant thereto; or,
e. Satisfacto:r:y evidence that the Bankruptcy has been closed or dismissed.
14. The applicant bo~( s) are to execute an affidavit designating their business
am residential lx:Iœsteads, am to disclaim any 00œstead interest in subject
property. If subject property does cx::.nstitute part of their 00œstead, any
insured lien must IÆ!et all requireœnts to create a valid lien 00 00œstead.
(Cmtinued )
, .
lAWYERS TITLE :I:NSUIWO roRPORATICfi
NATI<HU. ~
RIOJt.Dom, VIRGINIA
GF Nmber: SS 9403279
cnHI'1MENr FUR TITLE n&JRANCE
SCHEIXJLE C - CcntiJUJed
15. This Cœmi t:Iœnt is issued for the sole purpose of assisting in the ref:iI1arre of
the lien described aOOve. Abstracts of Judgrænt arrl State Tax Liens which will
be inferior to the new lien have rot been sh:Mn herein. If the prof)OS€d
transaction is other than a ref:iI1arre of said lien, addi ticnal requirements will
be made.
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r¡;:
ORDINANCE NO. 1885
r
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION
OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREET:
AMU~DSON ROAD FROM WALTER ROAD WEST APPROXIMATELY 760 FEET TO
CLIFT STREET IN THE CITY OF NORTH RICHLAND HILLS. TEXAS; FIXING
CHARGES AND LIENS AGAINST ABUTTING PROPERTIES AND THE OWNERS
THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE
ISSUANCE OF ASSIGNABLE CERTIFIC^TES IN EVIDENCE THEREOF; RESERVING
UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE
AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT
GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE
ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY
COUNCIL OF NORTH RICHLAND HILLS. TEXAS. !\ND BY FILING THE ORDINANCE
IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS. the City of North Richland Hills. Te,<as has by Ordinance
No, 1885. heretofore ordered that each of the hereinafter described portions of public
places in the City of North Richland Hills. Texas. be improved by laying sanitary sewer
main and sewer service lines on proper grade and line, and setting manholes where same
are not already so constructed. together with any necessary incidentals and
appurtenances; all of said improvements to be constructed as and where shown on the
plans and in strict accordance with the Plans and Specifications therefore. said portion of
public places being as follows. to wit:
AMUNDSON ROAD FROM WALTER ROAD WEST
APPROXIMATELY 760 FEET TO CLIFT STREET
and.
!
¡e
~
WHEREAS. estimates of the cost of the improvements on each such portion of
public place!! were prepared end filed and by Ordinance No. 1885. appr:lved and adopted
by the City Council of the City. and a time and place was fixed for a hearing and the
proper notice of time. place and purpoSII of said hearing was given and said hearing was
had and held at the time and place fixed therefore. to wit. on the 24th day of May. 1993.
at 7:30 p.m. o'clock, in the Council Chambers in the City of North Richland Hills, Texas,
and at such hearing the following p:otests and objections were made, to wit: and all
desiring to be heard were given full and fair opportunity to be heard, and the City Council
of the City having fully considered all proper matters. is of the opinion that the said
hearing should be closed and assessments should be made and levied as herein ordered:
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS. THAT:
I.
Said hearing. be and the same is hereby, closed and the said protests and
ohjections. and any and all other protests and objections, whether herein enumerated or
not. be anù IÌltt same are hereby, ûverrulad.
J 1096
1218
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'Ordinanca No. 1885
Page Two
II.
The City Council. from the evidence. finds that the assessments herein levied
should be made and levied against the respective parceis 'òf property abutting upon the
said portions of and public places and against the owners of such property. and that such
!!s!!e!!sm"nt!'l IInd chllrOll" lirA 'ight and proper and are sUbRta!'ltially in proportion to thll
benefits to the respective parcels of property by means of the improvements in the unit for
which such assessments are levied. and establish substantial justice and equality and
uniformity between the respective owners of the respective properties, and between all
parties concerned. considering the benefits received and burdens imposed. and further
finds that in each csse the abutting property assessed is s¡:-ecificallv benefitted In
enhanced value to the said property by meøns of the said improvements in the unit upon
which the particular property abuts and for which assessment is levied and charge made.
in a sum in excess of the said asS&ssrnent and charge made against the same by this
t. jinence and further finds that the apportionment of the cost of the improvements is in
accordance with the law In force in this City, and the proceedings of the City heretofore
had with reference to said improvements. and Is in all respects valid and regular.
;
¡ III.
t /~;': There shall be, and'~s hereby, levied and asst\ssed against the parcels of property
:herelnbelow mentioned, and against the real and true owners thereor (whether such owner
'!be correctly named herein'or not>. the sumscf money itemized below opposite the '"
;de$~ription of the respective parcels of property and the' several amounts assessed against.
~the'Sðme, and the owners thereof, as far' as such owners are known, being as follows: .
~;~ü:,,~~~,:!'~:;:_'(~'~ ,./-.[ \' ~~;' -I:' J . ,';'1
'~ :",';), :,¡; ';, ,. .,,,, (see attached charts)
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·,:;r;;'·lJVhere more than one person. firm or corporation owns an interest in any property ,
above described. each said person. firm or corporation shall be personally liable only for
its, his or hers pro rata of the total assessment ageinst such property in proportion as Its.
his or her respective interest bears to the total ownl'rship cf such property, and its, his or
her respective Interest in such proper-y may be released from the assessment lien upon
payment of such proportionate sum.
v.
,-',
. . '" " The several sums above mentioned and assessed against the said parcels of
property, and the owners there'}f, and interest thereon at the rate of eiaht percent (8%)
. per:annum. together with reasonable attorney's fees and costs of collector, if incurred are
<i;.?;,.he'''bYdeclared to be and are made a lien upon the respectiva parcels of property against
:',~·>/\W,~lc~.~~e $ame are assessed. and a personal liability and charge against the real and true
·;;:f\:.ròwners'ofsuch OWnerS'be"correctly named herein or not, and the sai:! liens shall be arid
i~~'·':~1:0h'~ M9'.t!'!è:fir!t~~fo~c:f¡¡bla lien and claim against the' property on which such,.
',i'~;;;i~sì!'"~ëritšarelevie.d.'.al1.dshal! be afirstând paramount lien thereon, superior tÒ8U,";;
':i:.::;\:!:'òtHØr:1I8rI~:8nd·cI8ims;exc~Pt State and County, School District and City valorem taxes:
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Page Three
,vied
[Jon the
that such
." to thA
ehe unit for
yand
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'ge made.
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retofore
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The sums so assessed against the abutting property and the owners thereof shall
be and become due and payable as follows, to wit: in five /51 equal installments, due
respectively on 0' before thirty days (301, one (11, two (2). three (3), and four (4) yet\r,"a.-..
from the date of completion and acceptance of the improvements in the respective I.nitl-~
and the assessments against the property abutting upon the remaining units shall be r.,,^dt.~ , ",>_
become due and payable in such installments after the datil 01 the completion alld ..
acceptance of such respective units, and shall bear interest from said date at the rate of
eight percent /8%1 per annum, payable annually with each installment except as to the
first installment, which shall be due and payable at the maturity thereof, so that upon the
completion and acceptance of the improvemrnts in a particular unit. assessments against
the property abutting upon such completed and accepted unit shall be and becom6 due
and payable in such installments, and with interest from thl! date of such completion and
acceptance. Provided, however. that any owner shall have the right to pay the entire
assessment, or any installment thereof. beforo maturity by payment of principal and
accrued Interest, and provided further that if default shall be made in the payment of any
installment or principal or interest promptly as the samo matures, then the entire amount
of the assessment upon which such default is made shall, at the option of said City of
North Richland Hills, or its assigns be and become immediately due and payable, and shall
be collectible. together with reasonable attorney's fees and costs of collactlon incurr.d,
PROVIDED, however. that the City of North Richland Hills retains the right to authorize
payment of tho sums assessed against property abutting upon auch IJompleted and
accepted unity over a period of not more than four years In equal regular Installments or
not less than TEN AND NO/100 DOLLARS /$10.001 each. the flrat year Installmants to
become due and payable not more than thirty days /301 after the completion and
acceptance by the City of the particular unit. and PROVIDED FURTHER that such method
of payment shall be authorized only in instances where the owner or owners of property
abutting upon such complotod and accepted unit shall have executed and delivered to the
City of North Richland Hills granting a mechanic's lien upon and conveying to the said
abutting property in trust to secure the payment of said owner or owners according to the
terms thereof of the sums assessed against such property. " "'i +~\. ;r-:
of ,; ,~ì
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If default shall be made in the payment of any assessment. collection thereof shall
be enforced either by the sale of the property by the City of North Richland Hills as near as
possible in the manner provided for the sale of property for the nonpayment of ad valorem
taxes. or attne option of thÐ City of North Richland Hills. or its assigns. payment said
. sums shall be enforced by suit in any court of competent Jurisdiction or as p~ovlded in any
'!"echanic:sormaterialman'scontract as foresaid,and said City shall exercise all of its
iïwfubpOW8',š;toaid in,the ~nforcement and.collection of said assessments. ,'(;,
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';ooñt~ . agãlnstthe re:ipactlvil parcels ofabu!t ngpropèrtv. and
Of.'·ls'ln;·~~Clrd.nc.,wlthproceedingl of the City relating to sald'-.
·,.:"~sèssrn Jn(':;thereforei.ani; is less than the proportlonòfthecost
'Ittéd bý thé\, á¥.I:ln ,'force In the City. '1."'; , .
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Ordinance No.1 885
Page Four
VIII.
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Although the aforementioned charges have been fixed, levied and assessed in the
respertive amounts hereinabove stated. ~he City Council does hereby reserve unto itself
the dght to reduce the aforementioned assessments by allowing credits to certain property
';wm!"rs where they !Ire currently 'IflrVA( hy thA f1uhlic 'lImitary sewer system.
Notwithstanding the City Council has herein reserved the right to issue credits as
hereinabove provided. it shall not be required to issue such credits. and will not do so, if
same would result in any inequity and/or unjust discrimination.
The principal amount of each of the several assessment certificates to be issued the
City of North Richland Hills, Texas, as hereinafter provided. shall be fixed end determined
by deducting from the amount of any assessment. hereinabove levied such amount or
amounts. if any, as may hareafter bo allowed by the City Council as a credit against the
respective assessments.
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:i'; For the purpose of evidencing' the several sums assessed against the respective
<"parcels of abutting property and the,owners thereof. and the time and terms of payment to
~,aid in the:enfòrëemtlnt and collection thereof. assignable cerlilicates In the principal
;¡ em òunt ~f the~ respective assessments less the amount of any respective credit allowed
S;~hereon. ãhall,be,lssued by the City of North Richland Hills. Texas, upon completion and
'acceptance by the City of the Improvements In each ùnlt of Improvement as the work In
such units is completed and accepted. which certificates shall be executed by the Mayor In
the name of the City and attested by the City Secretary. with the corporate seal of tho
City of North Richland Hills, or its assigns. and shall declare the said amounts. time and
term of payment.· rate of Interest. and the date of completion and acceptance of the
Improvements abutting upon such prOptlrty for which the certificate Is Issued, and "hall
contain the name of the owners. If known, description of the property by lot and block
number. or front feet thereof. or such other descriptions as may otherwise idantlfy the
same; and If said property shall be owned by an estate, then the description of same as so
owned shall be sufficient and no error or mistake In describing any property. or In giving
the name 'of the' owner, sholl Invalidate or In anvwav Impair such certificate, or the
assessments levied.
The certificates shall provide substantially thet if same shall not be paid promptly
upon maturity. then they shall be collectible. with reasonable attorney's fees and costs of
cOllection,'if Incurred and shall provide' substantially that the amounts evidenced thereby
shall be paid to the City Secretary ofthe City of North Rlchland Hills. Texas, who shall
,:Issuehis receipt therefore. which shall be evidence of such payment on any demand for
<the aame, and the,C1tV Secretary shall deposit the sums so received In a separate fund.
and w"'en:.ny'þ.yment shall be made to the City Secretary, upon such certificate shall,
·~pon·Dre"ntat¡onto him o(the certificete by the holder thereof. endorse said payment
rábri!:1 ' h;'bër,tlf1ca,~è, be essl~nedthen tha holder thereof shall be entltlad to
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Page 1 of 1
AMUNDSON DRIVE COLLECTOR SEWER
CIty ot North Rich/and Hills, Texas
REVISED ASSESSMENT ROLL
April 23, 1993
UNIT PROPERTY OWNER PROPERTY FOOT "''''
NO. NAWE .. ADDRESS DI!SCOIPTlON FRONTAQI!
1. ORION C. HUGHEY" ANO WIFE JOANN ABSTRACT lOSS
111128 CUFT STREET TRACT 2H ..
NORTH RICHLAND HILLS. TX 78180 TANDY K. MARTIN SURVEY 100 ' 2.400.00
t
, 2. ROY MELTON WEBSTER AND WIFE JANE1ïE ABSTRACT lOSS
8104 AMUNDSON DRIVE TRACT 2H'
NORTH RICHLAND HILLS. TX 711180 TANDY K. MARTIN SURVEY 11' 284.00
3. ROV MELTON WEBSTER AND WIFE JANETTE ABSTRACT lOSS
8104 AMUNDSON DRIVE TRACT 2J
NORTH RICHLAND HILLS. TX 711180 TANDV K. MARTIN SURVEY ell' 2.138.00
4. EARL E. BAKER AND WI!'E LOIS J.
11I0Il AMUNDSON DRIVE LOT 2, BLOCK 1
NORTH RICHLAND HILLS, TX 711180 FRENCH ADDIT10N 200 I 4.'00. 00
S. RALPH L. GILCHRlEST AND WIFE ELLEN I. ABSTRACT 101111
ltoo AMUNDSON DRIVE TRACT 2N
NORTH RICHLAND HILlS, TX 711180 TANDV I<. MARTIN SURVEY 140.4 '
II. NELSON E. FILES AND WIFE EDMIEE ABSTRACT lOSS
1111011 AMUNDSON DRIVE TRACT 2M
NORTH RICH LAND HILlS, TX 711180 TANOV I<. MARTIN SURVEY 1S1.IIS'
"''''The estimated enhancement fo. each property
SUBTOTAL ESTIMATED CONSTRUCTION COST
LESS MISC. SewER ALLOWANCE
NET ESTIMATED COSTRUCT1ON COST
PLUS ENGINEERING & CONTINGENCIES
'TOTAL ESTIMATED PROJECT COST
701.25 I
,
described above is
5311.11011.50 !
11,000.00
30.IIOII.SO
3.0110.1111
$33,1I70.4S
$5,000.00.
5111.11311.23
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COLLECTOR SEWER
ASSESSMENT ROLL
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D193115565
CITY OF NORTH RICHLAND HILLS
POBOX 820609
CITY SECRETARY
NORTH RrCHLAND HILLS 76182 0609
-w A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY
1-·...-'
F I LED -- 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
193229792
REGISTER
DR93
PRINTED DATE TIME
06/10/93 11: 11
1
INSTRUMENT FEECD
D193115565 WD
FILED TIME
930610 11:11
CI< 41797
TOT A L
DOCUMENTS: 01
FEE S:
20.00
B Y:
'..
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND U~ENFORCEABLE UNDER FEDERAL LAW.
11096
.1226
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'Ordinance No. 1385
Page Six
making assessmen~s and in holding said hearing. tha amounts assessed for improvements
in anyone unit have been in nowise connected with the improvements or the assessments
r.erefore in any other unit.
XIII.
The assessments levied are made and levied under and by virtue of the terms.
powers and provisions of an Act passed at the First Called Session of the Seventieth and
SAvllnty·firAt LII!)isllltllre of the State of Texas. and known 85 C~apter!\ 149 and 1.
respectively. of the Acts of said Sessions. now being shown as Title 13. Chapter 402.
Subchapter D. of the Texas Local Government Code.
XIV.
The City Secretary is hereby directed to engross and enroll this ordinance by
copying the caption of same in the Minute Book of the City Council of North Richland Hills.
Texas. and by filing the complete ordinance in the appropriate Ordinance Records of said
City.
XV.
This ordinance shall take effect and be in full force and effect from and after the
date of its passage and it is so ordained.
>,¡.
~r"'uwJ
Tommy Bro . ayor
"
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