HomeMy WebLinkAboutResolution No. 2010-019
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2010- O`
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE RELEASE OF AFFIDAVIT FOR
JWV ASSOCIATES, LTD. REGARDING LOT 1, BLOCK 1,
CENTENNIAL CENTER ADDITIONS, WHICH IS ATTACHED HERETO
AND INCORPORATED HEREIN AS EXHIBIT A; AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID RELEASE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, an Affidavit recorded in Cabinet N, page 246, of the Plat Records of
Denton County, Texas, dated May 11, 1998 states that JWV Associates, Ltd. as owner of said
property agrees to reconstruct the drainage structure under Paige Road when such drainage
structure is improved and enlarged; and
WHEREAS, such reconstruction of the drainage structure has been completed in
accordance with the plans of the City; and
WHEREAS, the City Council hereby approves the Release of Affidavit as requested by
the property owner for Lot 1, Block 1 of the Centennial Center Additions, and authorizes the
City Manager to execute such Release on behalf of the City of The Colony.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS THAT:
Section 1. The City Council hereby approves the Release of Affidavit as requested JWV
Associates, Ltd. including all exhibits thereto, which is attached hereto and incorporated herein
as Exhibit A.
Section 2. The City Manager is hereby authorized to execute any and all documents
necessary to execute the release as provided herein.
Section 3. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provides.
PASSED, APPROVED and EFFECTIVE this 1St day of March, 2010.
,nr
r" eYCo , Mayor
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ES fY'` ~J` o ro4
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Christie Wilson, City Secretary, a a AJq%OVED AS TO FORM:
Je Moo ity Attorney
RELEASE OF AFFIDAVIT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS RELEASE OF AFFIDAVIT (the "Release") is made and entered into as of the f*
day of March, 2010, by The City of the Colony (the "City") in favor of JWV Associates, Ltd.
("JWV"
RECITALS
WHEREAS, JWV is the owner of certain real property located at 4000 Paige Road, The
Colony, Denton County, Texas (the "Pro e such property being more particularly described
and incorporated herein by reference as follows:
Being Lot 1, Block 1, Centennial Center Additions, an addition to
the City of The Colony filed for record in the Denton County Plat
Records in Cabinet N, Page 246; and
WHEREAS, in connection with its ownership of the Property, JWV executed that certain
Affidavit (the "Affidavit") in favor of the City, dated as of May 11, 1998 and recorded as
Document Number 98-R0044332 in the Official Public Records of Denton County, Texas, such
Affidavit stating that JWV agrees to reconstruct the drainage structure under Paige Road when
such drainage structure is improved and enlarged; and
WHEREAS, such reconstruction of the drainage structure has been improved, enlarged
completed, all in accordance with the plans of the City.
NOW, THEREFORE, for and in consideration of the premises, the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt of and sufficiency of which is
hereby acknowledged and confessed, the City hereby releases JWV from the obligations
described in the Affidavit with respect to the Property.
[Signature and Acknowledgement on Following Page]
2985478.1 /SP/86533/0208/02051 0
IN WITNESS WHEREOF, this Release is executed as of the date first written above:
THE CITY OF THE COLONY
By:
Na b S77`j/-I
Title: jjdaj~Q`C,--
STATE OF TEXAS §
COUNTY OF DENTON §
Tbi-N instrument was ackn wledged before me on tl~lay of March, 2010, by
of The Colony.
[SEAL] 4 64e/
5-w-~
Notary Pu lic, State of Texas
i `gyp`\Ilu//~8~~
N
• = ANGELA KELLY
l:u ry Public, State of Texas
t\\ Y mmission Expires 09-
AFTER RECORDING PLEASE RETURN TO:
Diana Joseph Bearden
Strasburger & Price, LLP
901 Main Street, Suite 4400
Dallas, Texas 75202
2985478.1 /SP/86533/0208/020510