1995-11-07THE STATE OF TEXAS
COUNTY OF Tarrant
I. / 4fif
asa member of the Building Board of Appeals
make this avit and hereby on oath state the following: I,
and/or a person or persons related to me, have a substantial
interest in a business entity that would be peculiarly affected by
a vote or decision of the as
those terms are defined in Chapter 171, Texas Local Government Code.
i
The business entity is n/a
(name and address)
I have a substantial interest in this business entity for the
following reasons: (Check all which are applicable)
Ownership of 10% or more of the voting stock or
shares of the business entity.
Ownership of 10% or more or $5,000 or more of the
fair market value of the business entity.
Funds received from the business entity exceed 10%
of gross income for the previous year.
Real property is involved and
have an equitable or legal ownership with a fair
market value of at least $2,500.
A relative of mine has a substantial interest in the
business entity or property that would be affected
by a decision of the public body of which I am a
member.
Upon filing of this affidavit with the City Secretary, I affirm
that I will abstain from voting on any decision involving this
business entity and from any further participation on this matter
whatsoever.
Signed this —7 day of
Uf7�i � Y
Building Board of Appeal member
Title
BEFORE ME, the un ersigned authority, this day personally appeared
t and on oath stated that the
facts hereinabove s ted are true to the best of
knowledge or belief.'
Swo to and subscribed to fore me on this day of
19Z
=ems vP`�� SANDU L LEG -RAND
NOTARY PUt3L{C
+e State of Texas
My Commission E Comm, Exp, 02-QM97
�,z � / /C�
N tary Public in and for
the State of Texas
Type/Print Notary's Name
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LCAME
I'" aa003 _
CITY OF SOUTHLAKE, TEXAS
667 N. CARROLL
BUILDING BOARD OF APPEALS MINUTES
October 23, 1995 7:00 P. M.
MEMBERS PRESENT: Kosse Maykus, Chairman; Michael Lease, Vice -Chairman. Members:
Eddie Pierce, Bobby Harrell.
MEMBERS ABSENT: Don Light, David Carpenter, Chuck Fettinger.
STAFF PRESENT: Paul Ward, Building Official; Betsy Elam, City Attorney; and Debbie
Coomer, Secretary.
Agenda Item #2. Approval of the Minutes
A motion was made to approve the minutes of the Regular Meeting, July 24, 1995 as written.
With no objections the Chair deemed the minutes approved.
Agenda Item #3, Administrative Comments
An update on the August 15, 1995 and October 17, 1995 City Council Meetings was given by
Paul Ward, Building Official as follow:
August 15, 1995, City Council Meeting, Agenda Item 7. E ; Ordinance No. 643, 2nd reading,
an ordinance providing for the suspension or revocation of contractor registration under certain
circumstances was considered.
October 17, 1995, City Council Meeting, Agenda Item 9.A; ( Resolution NO. 95-43 ) Council
moved to consent appointments to the Building Board of Appeals. Michael Lease, Don Light,
Chuck Fettinger, and David Carpenter are to serve two year terms.
Agenda Item #4, BBA Case #014
BBA Case # 014, Substandard Building, being 1315 W. Dove Road. Tract 7A, Abstract 1510 out
of the C. M. Throop Survey, Southlake, TX.
Owner: Mr. & Mrs. Thruman Head.
A presentation was made by Paul Ward, Building Official. Mr. Ward presented photograph's and
reported on the inspection report dated 09/28/95 by himself and Roger Stewart, Fire Marshal.
Mr. Stewart had determined the structure to be a fire hazard.
Code enforcement Officer, Glenda Jaynes sent notice to the property owner. Sandra LeGrand,
the City Secretary filed notice with Tarrant County.
Public Hearing.
UNOFFICIAL
COPY
Regular Meeting Building Board of Appeals
October 23, 1995
Agenda Item #4, BBA Case #014 cont
Mr. Thruman Head, property owner, was present and said he was under the impression sewer
would be available soon but was told it would be next July before sewer would be available for
service. Mr. Head said he had planned to repair the structure and rent it but after hearing sewer
would not be available he boarded the structure and disconnected the utilities. Mr. Head further
said he hopefully has a buyer and the structure can be moved.
Mr. Head agrees to work with Mr. Ward.
There was no other person wishing to speak either in favor or in opposition of the request
Public Hearing Closed.
A motion was made based on the following specific findings regarding the subject property.
There is violation of standards set forth by Ordinance 615 and that conditions set forth in the
building official's report exist to the extent that life, health, property or safety of the public are
endangered; further we find that it is infeasible for the building to be repaired according to the
Building Official presentation and therefore order the building demolished or removed and the
entire site be cleared of all structures and debris within thirty (30) days. The building must be
immediately secured to prevent unauthorized entry and all utilities shall be disconnected
immediately except as necessary to effectuate the repairs.
Motion: Bobby Harrell
Second: Michael Lease
Ayes: Maykus, Lease, Pierce, Harrell
Nays: None
Approved: 4 - 0 vote
Agenda Item #5, BBA Case #015
BBA Case # 015, Substandard Buildings, being 1535 Brumlow Ave. Tract 2E63, Abstract 591
out of the J. N. Gibson Survey, Southlake, TX.
Owner: James Stahala.
A presentation was made by Paul Ward, Building Official. Mr. Ward presented photograph's and
reported on the inspection report dated 09/28/95 by himself and Roger Stewart, Fire Marshal.
Mr. Stewart had determined the structure to be a fire hazard.
Code enforcement Officer, Glenda Jaynes sent notice to the property owner. Sandra LeGrand,
the City Secretary filed notice with Tarrant County.
Public Hearing.
2
Regular Meeting Building Board
October 23, 1995
Agenda Item #5, BBA Case #015 cont
No one was present to represent the owner James Stahala.
There was no other person wishing to speak either in favor or in opposition of the request.
Public Hearing Closed.
A motion was made based from the following specific findings regarding the subject property.
There is violation of standards set forth by Ordinance 615 and that conditions set forth in the
building official's report exist to the extent that life, health, property or safety of the public are
endangered; we therefore order the buildings be repaired in conformance with requirements of the
codes of the City of Southlake or demolished and the debris removed within thirty (30) day, and
further find that, if the building is not repaired within thirty (30) days, that there is no reasonable
probability that the buildings will be repaired within a reasonable period of time if additional time
is given. If the property owner chooses to repair rather than demolish the property, the buildings
must be must be immediately secured to prevent unauthorized entry and all utilities shall be
disconnected immediately except as necessary to effectuate the repairs.
Motion: Michael Lease
Second: Bobby Harrell
Ayes: Maykus, Lease, Pierce, Harrell
Nays: None
Approved: 4 - 0 vote
Agenda Item #7. Adjournment
With no objections the Chair deemed the meeting adjourned.
Meeting Adjourned 7:50 P.M.
ATTEST:
Debbie Coomer
Secretary
c: I wpdocs I appeals I mins. 023
Kosse Maykus, Chairman
3
ESTATE OF:
i
I CLINTON MASON BERRY,
DECEASED
O.93-485-1
IN THE PROBATE COURT
NUMBER ONE OF
TARRANT COUNTY, TEXAS
On this date, came on to be heard the A
pplication to Probate the Lost Will of
CLINTON MASON BERRY, hereinafter called Decease
d, and for the issuance of Letters
Testamentary to Applicant, VIRGINIA LUCILLE yE
ARGAIN.
The Court, after reviewing the pleadings herein and report rt of mediator makes the
following findings:
1.
That Decedent died in Tarrant County, Texas on the 13th day of February, 1993;
2.
This Court has jurisdiction and venue over the Estate because
domiciled in Texas and had a fixed place of residence in Decedent was
death; Tarrant County, Texas at the time of his
0
That the Application to Probate the Lost Will of CLINTON
was filed on February 24, 1993 b MASON BERRY
Y VIRGINIA LUCILLE YEARGAIN, hereinafter called
Applicant, and that an Amended Application to Probate Lost
Will was filed by Applicant on
November 15, 1993;
ORDER ON APPLICATION TO PROBATE LOST WILL
)2027 2572
Page 1
if
it on March 3, 1993, BOBBY DALTON BERRY, filed a contest to
Ct to the Application to
Application to Probate Lost Will, and subsequently, an Amended on
Probate Lost Will was filed by BOBBY DALTON BERRY, RICHARD DANIEL BERRY
a/k/a F. M. BERRY, III, CAROL LEE BERRY SUSAT, GLYN MILNER BERRY,
RONAL D KNEED BERRY, and NANCY JO BERRY PARKER, hereinafter collectively
called Contestants.
5.
That on December 3, 1993, the Court issued an Order ordering Applicant and
Contestants to submit to mediation;
91
That on January 28, 1994, the parties submitted to mediation before Clyde
Ashworth, as mediator;
The mediation was successful in that the parties reached an agreement on all
issues in dispute herein.
7.
That an unexecuted copy of the Last Will and Testament of CLINTON MASON
BERRY was offered for probate herein. The original of said Will was last known to be in his
possession at the time of Decedent's death, and has not been produced herein. Therefore,
CLINTON MASON BERRY died intestate, there being no other Will offered for probate
herein, and no evidence that any other Will exists.
ORDER ON APPLICATION TO PROBATE LOST WILL
Page 2
ff
8.
1llQL <.LINTON MASON BERRY was survived by the following heirs at law
under the Texas Statutes of Descent and Distribution in effect at the time of his death::
a) VIRGINIA LUCILLE YEARGAIN, sister
b) BOBBY DALTON BERRY and RICHARD DANIEL BERRY,
children of DALTON EDWARD BERRY - a deceased brother of
CLINTON MASON BERRY;
c) CAROL LEE BERRY SUSAT, GLYN MILNER BERRY, RONALD
KNEED BERRY, and NANCY JO BERRY PARKER, children of
WALKER MEADE BERRY - deceased brother of CLINTON MASON
IT IS THEREFORE, ORDERED, ADJUDGED and DECREED by the Court:
That the unexecuted copy of the Last Will and Testament of CLINTON MASON
BERRY, attached to the Application to Probate of Lost Will is denied probate;
of the Estate:
2.
That the Temporary Administrator be ORDERED to pay the following debts out
a) To STEPHEN D. STEPHENS, Attorney for Temporary Administrator
and Applicant, VIRGINIA LUCILLE YEARGAIN, the sum of
$10,851.64, as attorney's fees for services rendered to the date of this
Order,
ORDER ON APPLICATION TO PROBATE LOST WILL Page 3
02021 25)74
V
D. TATE, Attorney for Contestants, the sum of $6,500.00,
s for services rendered to the date of this Order,
c) To CLYDE ASHWORTH, the sum of $2,100.00 as the Mediator Fee.
93
That four years have not elapsed since the date of Decedent's death; that there is
a necessity for further administration of this Estate; that it is in the best interest of the Estate to be
administered by a disinterested Administrator in a permanent administration.
9
That the Temporary Administrator will take no further action than the payment of
attorneys' fees and mediation fees as herein stated, and the filing of a Final Account, thereafter
obtaining an Order Closing the Temporary Administration; transferring the remaining assets to
the Permanent Administrator, and the Temporary Administrator thereafter to be released from
her bond.
0
That it is hereby ORDERED, ADJUDGED and DECREED that permanent
administration be granted upon CLINTON MASON BERRY'S Estate and that WILLIAM
McGEE receive Letters of Administration upon taking and filing the Oath as required by law
and giving and filing of a bond in the sum of
DOLLARS
0
That according to the agreement of the parties reached at mediation, the Estate is
owned, as follows:
ORDER ON APPLICATION TO PROBATE LOST WILL Page 4
02027 �15
11
45% interest to VIRGINIA LUCILLE YEARGAIN;
An undivided 13 3/4% interest to BOBBY DALTON BERRY;
c) An undivided 13 3/4% interest to RICHARD DANIEL BERRY a/Wa F.
M. BERRY, III;
d) An undivided 6.875% interest to CAROL LEE BERRY SUSAT;
e) An undivided 6.875% interest to GLYN MILNER BERRY;
f) An undivided 6.875% interest to RONALD KNEED BERRY;
g) An undivided 6.875% interest to NANCY JO BERRY PARKER.
♦7.
That the Administrator is ORDERED to disburse the balances of the Estate, after
payment of all debts for which the Estate is legally obligated, payment of any Court costs, and
payment of Administrator's fee and expenses, to the parties and in the percentages set forth in
Paragraph 6 above.
SIGNED AND ORDERED ENTERED this day of
1994.
JUDGE PRESIDING
ORDER ON APPLICATION TO PROBATE LOST WILL
Page 5
02021' 2576
0
•
PAGE 2
CAUSE NO. 93-485-1
co
OATH
ry >
3
I, WILLIAM MCGEE, UNDER OATH FURTHER SWEAR THAT I Will
FAITHFULLY PERFORM THE DUTIES AS PERMANANT ADMINISTRATOR OF
THE ESTATE OF CLINTON MASON BERRY ACCORDING TO LAW.
PRINCIPAL- WII.L Mc E
SWORN TO AND SUBSCRIBED BEFORE ME BY
THE /o'er" DAY OF /'1'10,Y 51994, TO CERTIFY WHICH, WITNESS
MY HAND AND SEAL OF OFFICE.
�ottow P c VICKI STEWART
Notary Public
STATE OF TEXAS
s�QrTt O�Ft o� My Comm. Exp. MAY 10, 1994
/�/C,!-
NOTARY
L
,�;? o 9 .2, �� �(
No. 93-485-1
IN THE ESTATE OF § IN THE PROBATE COURT
§
CLINTON MASON BERRY, § NO. ONE OF
DECEASED § TARRANT COUNTY, TEXAS
ORDER APPROVING FINAL ACCOUNT OF
TEMPORARY ADMINISTRATOR
On the day of 1994, the Final Account for the Estate of
CLINTON MASON BERRY, filed herein on the day ofAi6=�, 1994, by
VIRGINIA LUCILLE YEARGAIN, Temporary Administratrix of the Estate of CLINTON
MASON BERRY, Deceased, came to be considered by the Court, and the Court having
examined said account and the vouchers accompanying it, and having heard and considered all
objections and exceptions thereto, and the evidence in support of and against the approval and
settlement of said account, finds that said account and it's supporting vouchers and other
documents conform to and comply in all respects with the requirements of law; that every
citation required by law and by Order of this Court has been served on all persons interested in
said Estate in the manner and for the time required by law and by Order of said Court; and that
the property remaining on hand should be delivered to the persons entitled to have possession
of such property.
IT IS, THEREFORE ORDERED that the Final Account of the Temporary
Administratrix is hereby approved; that the Temporary Administratrix shall deliver forthwith all
of the property of the Estate still remaining on hand to the Administrator of the Estate,
WILLIAM T. McGEE.
� 1000Ut�'I� �CUNT'[, (li�l���a��
ORUER �1 PAQ4ll", 1 — __ ��
C:\PROBATE.SDS\ORFINACT
•
•
IT IS FURTHER ORDERED that after this Order has been fully complied with and
there is no property remaining in the hands of the Temporary Administratrix, she shall apply
to this Court for an Order of Discharge and for a declaration that this Temporary Administration
be closed.
SIGNED on this 1 day of 19
i
dg siding
ORDER APPROVING ACCOUNT OF FINAL SETTLEMENT - Page 2
C:\PROBATE.SDS\ORFINACT
lb
No. 93-0485-1 FILED
VAR M11- COU111TY TEXAS
ESTATE OF § IN THE PR' y4 T,P 1 YRP 1 :rF
§ 7 `
CLINTON MASON BERRY, § NUMBER ONE OF
DECEASED § TARRANT CQUNTY, TEXAS
INVENTORY APPRAISEMENT, AND LIST OF CLAIMS
Date of Death: February 13, 1993
ALL SEPARATE PROPERTY
The following is a full, true and complete Inventory and Appraisement of all
Versonal property and of all real property situated in the State of Texas, together with a
List of Clai►ns due and owing to this Estate as of the time the Administrator took
possession of the assets, which have come to the knowledge of the undersigned.
INVENTORY AND APPRAISEMENT
Real Property (See Schedule A) $ 244,733.00
Stocks and Bonds (See Schedule B)
Mortgages, Notes and Cash (See Schedule C) $ 73,511.29
Insurance Payable to Estate (See Schedule D) $ -0-•
Jointly Owned Property (See Schedule E) $ -0-•
Miscellaneous Property (See Schedule F) $ 12.350.00
Total $ 330,594.29
LIST OF CLAIMS
There are no claims due or owing to the Estate other than those shown on the
foregoing Inventory and Appraisement.
The foregoing Inventory, Appraisement, and List of Claims should be approved
and ordered entered of record.
'1
Page 1
C 1 r
Respectfully submitted,
LAW OFFICES OF WILLIAM T. MCGEE
By: -mil'V/'/' - ' j ,,/-,
William T. McGee
1701 River Run Rd., Suite 501
Fort Worth, Texas 76107
Telephone: (817) 336-1888
Fax: (817) 336-1892
State Bar No. 13616000
ATTORNEYS FOR ADMINISTRATOR
STATE OF TEXAS
COUNTY OF TARRANT
I, William T. McGee having been duly sworn, hereby state on oath that the
foregoing Inventory, Appraisement, and List of Claims is a true and complete statement
of all the property and claims of the Estate that have come to my knowledge.
William T. McGee
7� SUBSCRIBED AND SWORN TO BEFORE ME by William T. McGee this
jt1 day of c. 199%�, to certify which witness my hand and seal of
office.
f S'TpR1 ENts MOORS
MY COMMISSION FXPIRES
�Pl YS March 29, 1996
C=7`✓�-
NotaryPublic in and'� for the State of Texas
/l
(typed or printed name)
My Commission Expires:
0";l
Page 2
OF
ORDER
The foregoing Inventory, Appraisement, and List of Claims of the above Estate
having been filed and presented and the Court have considered and examined the same
and being satisfied that it should be approved and there having been no objections made
thereto, it is in all respects APPROVED and ORDERED entered of record.
SIGNED this -] day of , 1994.
Jwdge PrMdlng
Page 3
�20 898
I
PROPERTY
Schedule A
Lots 193, 194, 195 and 196,� Hill Side
Section, Shady Shores Subdivision,
as shown by a plat thereof recorded
it 11%i1 ' ,)/ 4' %", 2111'
Records of Marion County, Texas; MAD Value
15.545 acres of land located in the
A. Essary Survey, Abst. No. 296
and the Wm. Andrews Survey,
Abst. No. 6 about 4 miles south of
Greenville, Hunt County, Texas; more
particularly described in Exhibit "A"
attached hereto; HAD Value
54.20 acres of land located in the
Harvey Jacobs Survey, Abst. 539,Hunt County,
Texas more particularly described in Exhibit
"B" attached hereto; HAD Value
An undivided one-half interest
in 8.75 acres of land out of the
S. Freeman Survey, Abstract No. 525,
Tarrant County, Texas; more particularly
described in Exhibit "C" attached hereto;
TAD Value
the other one-half is owned by his sister,
Virginia L. Yeargain
An undivided one-half (1/2) interest in and
to all of the oil, gas and other minerals underlying
the property located in the James Reily, Assignee
of the Nathaniel Hamilton Survey Hopkins County
described in Exhibit "D" attached hereto (non -producing)
the other one-half owned by H. L. Buchannon.
Lot located at 215 S. Church Street, Grapevine,
Tarrant County, Texas; more particularly
described as W 147 feet of Lot 26 and the
West 147 feest of the S 40 feet of Lot 27
Block 1 of the City of Grapevine, Tarrant
County, Texas; TAD Value
Lot located at 210 W. Texas Street, Grapevine,
Tarrant County, Texas; more particularly
described as E. 50 feet of the W 197 feet of
Lot 216 and the E 50 feet of the W 197 feet
and the South 40 feet of Lot 27, Block 1 of
the City of Grapevine, Tarrant County, Texas;
TAD Value:
•
2,0(X).00
31,000.00
49,870.00
104,224.00
191I17
42,263.00
15,375.00
244,733.00
0205
Page 4
099
0
S AND BONDS
NONE
Schedule B
Schedule C
MORTGAGES, NOTES AND CASH
Benchmark Bank
P O Box 639
Quinlan, Texas 75474
N/A: Estate of Clinton Mason Berry
Balances as of 7/15/94
Checking Account #111061371
5,637.34
Certificate of Deposit #1032382
5,000.00
Certificate of Deposit #1032390
5,000.00
Certificate of Deposit #1032408
5,000.00
1 st National Bank of Grapevine
P O Box 1000
Grapevine, Texas 76051
N/A: Estate of Clinton Mason Berry
Balances as of 7/8/94
Checking Account #02902161
3,919.19
Certificate of Deposit #19344
6,317.58
Certificate of Deposit #19339
6,317.58
Certificate of Deposit #19343
6,317.58
Certificate of Deposit #19340
6,317.58
Certificate of Deposit #19342
6,317.58
Certificate of Deposit #19341
6,317.58
Certificate of Deposit #09244
9,466.45
02U5
Page 5
cann
0
;as Bank/Grapevine
)5 South Main
ipevine, Texas 76051
N/A: Estate of Clinton Mason Berry
Balances as of 7/27/94
Checking Account #0600314102
Schedule D
INSURANCE PAYABLE TO THE ESTATE
NONE
Schedule E
JOINTLY OWNED PROPERTY
NONE
Schedule F
MISCELLANEOUS PROPERTY
Homemade Utility Trailer
1973 Chevrolet PU
VIN: CCY243F332562
N/O: Clinton Berry
Value
1986 Ford PU
VIN IFTHX251XGKB52524
N/O: Clinton Berry
Value
Massey Ferguson 30 Tractor
1966 John Deere 120 Tractor
Household Goods and Personal
Effects
1.582.83
1,000.00
500.00
8,000.00
800.00
2,000.00
50.00
0
$ 73,511.29
$ 12,350.00
Page 6
205 901
4. The land referred to in this policy is described as follows;
All that certain lot, tract or parcel of land situated in the A. ESSARY SURVEY,
ABST. NO. 296 and the 101. ANDREWS SURVEY, ABST. Greenville, Hunt County, Texas, and beinga N0. 6, about 4 miles south of
from Otis 1-1. Burton, et ux, to Ray Wallace
e ofrecordof tiln Vol. described84,Page 106, Deed
Records of Hunt County, Texas, and being specifically described as follows:
BEGINNING at a point the northwest corner of tract no. 1 same being the southwest
corner of tract no. 2;
TIIENCE S 85 deg 30' E along the north boundary of tract no. 1 and the south boundary
line of tract no. 2, a distance of 1035.39 feet to Iron Pin for corner;
TIIENCE N 8 de 40
g ' 41" E, a distance of 653.65 feet to Iron Pin set in the south
right-of-way line of an abandon Railroad for corner;
TIIENCE N 85 deg 30' 1V along said south right-of-way line, a distance of 1042 feet
to Iron Pin for corner;
THENCE S 8 deg 06' W along the center line of a county road, a distance of 653.2
feet to the place of beginning and containing in all 15.545 acres of land of which
0.270 acres lie within the limits of an existing county road.
EXHIBIT
�205 90?
Situated in Hunt County, Texas, and being two tracts or parcels of land parts of
the Harvey Jacobs Survey, Abst. No. 539 about 1 1/3 miles Northeasterly from Lone Oak
and more particularly described and bounded as follows:
TRACT NUMBER ONE: BEGINNING at the N. W. Corner of land conveyed
to Pollard from Hamilton and Turner of record in Vol. 388, Page 405 of Hunt County
Deed Records, said point being on W. bdry of said Jacobs Survey 663 varas South from
N. W. corner of Survey, stake at fence corner for corner;
THENCE South along fence line and Jacobs Survey line 648 feet to stake at fence
corner;
THENCE S. 89 deg. 30 min. E. along fence line 124 feet to stake for corner at
intersection with Northwesterly R.O.W. of F. M. Hwy No. 1567;
THENCE Northeasterly along Hwy R.O.W. which is a curve to the right with
radius of 995.4 feet a disance of 440.8 feet to Hwy marker at end of curve;
THENCE continuing along Hwy R.O.W. N. 58 deg. 08 min. E. a distance of 890
feet to stake for corner;
THENCE S. 83 deg. 53 min. W. along fence line 1212 feet to the place of
beginning and contining 8.9 acres of land, and being all of said Pollard land
Northwesterly of said F. M. Hwy;
TRACT NUMBER TWO: BEGINNING at the intersection of the South Bdry
of said Hamilton to Pollard land with the Southeasterly R.O. W. of F. M. Hwy No. 1567,
said point being S. E. corner of land conveyed to State of Texas by R. O.W. deed of
record in Vol. 508, page 431 of Hunt County Records, and said point being also
identified as being 646 feet South and 212 feet S. 89 deg. 30 min. E. from N. W. corner
of Pollard land, stake in fence line for marker;
THENCE S. 89 deg. 30 min. E. along fence line and S. bdry of Pollard land 2394
feet to stake at fence corner and S. E. corner of Pollard land;
THENCE North along fence line 1584 feet to stake for corner of S. bdry of F M.
Hwy No. 1567;
THENCE Southwesterly along Hwy. R.O.W. as follows: S. 58 deg. 08 min. W.
365.2 feet to Hwy marker; S. 52 deg. 25 min. W. 100.5 feet to Hwy. marker; S. 58 deg.
08 min. W. 1100 feet to Hwy marker; S. 63 deg. 51 min. W. 100.5 feet to Hwy. marker;
S. 58 deg. 08 min. W. 819 feet to Hwy marker at beginning of curve to the left with
radius of 915.4 feet; thence along said curve a distance of 359.4 feet to the place of
beginning, and containing 45.3 acres of land, and being all said Pollard land southeasterly
of said F. M. Hwy.
EXHIBIT
02055 i 90
1
All that certain lot, tract or parcel of land, lying and being situated
in Tarrant County, Texas, a part of the S. FREEMAN SURVEY, Abstract No.
525 as surveyed by Henry M. Dickson, County Surveyor, December 13,
19467 to -wit: -
BEGINNING at the Northwest corner of the S. Freeman Survey in the center
of a road;
THENCE South 87-3/4 degrees East 233.6 varas a stake;
THENCE South 1 degree West with the center of an old abandoned road, 196
varas a stake;
THENCE West 229.7 varas the West line of the S. Freeman Survey in the
center of a road;
THENCE North with the center of said road, 215.4 varas to the place of
beginning;
and also known as Tract No. 1 of the said Dickson Survey, and containing
8.75 acres.
EXHIBIT
"CIO
Henk 4n�f . � Cfatt nC- Taxwl %,x**sWK C=x i
W A1'tbaV certsiti''tracT or� parcel `of land situated_ in- Hopkins County,.:. .
-,'T4 &j"',;beingawpart!of. the James Roily, Assignee or the Mathanel.-
``;Hamijtnm Survey' and' being- a. PAMt Olt- the .140 acre tract- deeded by .
n,��,��•Bileei�Reily`to-Georo¢ t4- Calvert..:...
fti .fIB�GIIQfinG"':at a,`pa3nt 23T-5/16�varas' Narth of" the t Northwescorner
aiM?dO+ acr�t' trac�'soldd by- Eile� Reily.. to P:H;- McIsnn;,
GAST'166A varas;
t1 t'fH9 4M MORI:i''237'=S/20'van►5; .
SPIM WEST 1661' varas;
'l'HEtvM- SOMM 37-S/10 varaw. to"the vlaee' of beoinnine,.eom inina ,
�+t4m, acrow of lands and' being+ they Norttr one-half' of"'the Calvert^'" .
F� 41�.Cract'; asp shown 'bat'deednrecorded in, Val K, page 38i* oia the Deed
r Recosds�`ofhHopktas`CbUatyer
{��(+"�S�IP'i .'M1i�.�Jl.iR`iV.: i,f..i Yth`t, "iLI�►,.. i.hf - , .�_ _ �ii -' ...
hh .1- 4^'.•f0�"'Lck6."rf�i i✓ y"� -�fu +.� S '.i ^4 .:.'...'
MM
iu e : � � t 1 ,�Lx` R *�� < , ,e5, 54...K5,:.r"t�� .re skth.�F'f �r .c _ •. r.—
.Zr"{vR°l' ki' .`a��.'_he. *
+K+"1 ppv.wi.•.
EXHIBIT
Y/
E
Q
No. 93-0485-1
ESTATE OF § IN THE PROBATE COURT
CLINTON MASON BERRY, § NUMBER ONE OF
DECEASED § TARRANT COUNTY, TEXAS
ORDER OF SALE OF REAL PROPERTY
On this day the Application For Sale of Real Property was heard and considered by the
Court, and after hearing the evidence in support of the Application, the Court finds that
citation has been issued and served as required by law; that the application is accompanied by
an Exhibit, verified by affidavit, showing the condition of the Estate, and the Application and
Exhibit meet all requirements of law; that the real property to be sold ("the Property") is fully
described in Exhibit A attached to and made a part of this Order; that the general bond is
sufficient as required by law; that the Application should be granted and the sale of the
Property should be made at private sale; that it is in the best interest of the Estate for the
Property to be sold; that the sale is necessary and advisable in order to liquidate the estate.
cash:
It is ORDERED that the Property described as follows shall be sold at a private sale for
Lots 193, 194, 195 and 196, Hill Side
Section, Shady Shores Subdivision,
as shown by a plat thereof recorded
in Volume One, Page 134 of the Plat
Records of Marion County, Texas
15.545 acres of land located in the
A. Essary Survey, Abst. No. 296
and the Wm. Andrews Survey,
Abst. No. 6 about 4 miles south of
Greenville, Hunt County, Texas; more
particularly described in Exhibit "A"
attached hereto;
54.20 acres of land located in the
Harvey Jacobs Survey, Abst. 539,Hunt County,
Texas more particularly described in Exhibit
"B" attached hereto;
An undivided one-half interest
in 8.75 acres of land out of the
S. Freeman Survey, Abstract No. 525,
Tarrant County, Texas; more particularly
described in Exhibit "C" attached hereto;
Lot located at 215 S. Church Street, Grapevine,
Tarrant County, Texas; more particularly
described as W 147 feet of Lot 26 and the
West 147 feest of the S 40 feet of Lot 27
Block 1 of the City of Grapevine, Tarrant
County, Texas;
Lot located at 210 W. Texas Street, Grapevine,
Tarrant County, Texas; more particularly
described as E. 50 feet of the W 197 feet of
Lot 216 and the E 50 feet of the W 197 feet
and the South 40 feet of Lot 27, Block 1 of
the City of Grapevine, Tarrant County, Texas;
It is ORDERED that no additional bond shall be required at this time, and that after the
sale has been made, a Report of Sale shall be
SIGNED this (% day of
and returned in accordance with law.
Presiding
MM
02054.r ' 5O2
tv
ESTATE OF
CLINTON MASON BERRY,
DECEASED
No. 93-0485-1
XAS
§ IN THE PROBATE COURT gq l q n �.
§
§ NUMBER ONE OF
§ TARRANT COUNTY, TEXAS
APPLICATION FOR ALE OF REAL PROPERTY
William T. McGee, Administrator of this Estate ("Applicant"), furnishes the
following information to the Court:
1. The Inventory, Appraisement, and List of Claims of this Estate has been
filed simultaneously.
2. A full legal description of the real property ("the Property") sought to be
sold is as follows:
Lots 193, 194, 195 and 196, Hill Side
Section, Shady Shores Subdivision,
as shown by a plat thereof recorded
in Volume One, Page 134 of the Plat
Records of Marion County, Texas
15.545 acres of land located in the
A. Essary Survey, Abst. No. 296
and the Wm. Andrews Survey,
Abst. No. 6 about 4 miles south of
Greenville, Hunt County, Texas; more
particularly described in Exhibit "A"
attached hereto;
54.20 acres of land located in the
Harvey Jacobs Survey, Abst. 539,Hunt County,
Texas more particularly described in Exhibit
"B" attached hereto;
An undivided one-half interest
in 8.75 acres of land out of the
S. Freeman Survey, Abstract No. 525,
Tarrant County, Texas; more particularly
described in Exhibit "C" attached hereto;
Application for Sale of Real Property
Page 1
0
Lot located at 215 S. Church Street, Grapevine,
Tarrant County, Texas; more particularly
described as W 147 feet of Lot 26 and the
West 147 feest of the S 40 feet of Lot 27
Block 1 of the City of Grapevine, Tarrant
County, Texas;
Lot located at 210 W. Texas Street, Grapevine,
Tarrant County, Texas; more particularly
described as E. 50 feet of the W 197 feet of
Lot 216 and the E 50 feet of the W 197 feet
and the South 40 feet of Lot 27, Block I of
the City of Grapevine, Tarrant County, Texas;
A statement, verified by affidavit, showing fully and in detail the condition
an%� Claims that have been approved or established by suit or that
MESONW, )mot tit esUblishcxi, the amount of each claim, the property of
�,rr►rsr;t: Jlu ,1a►7►e rur the payment of such claims, and all other facts
tending to show the necessity and advisability of this proposed sale, is attached to this
Application, designated as Exhibit "D", and made a part hereof for all purposes.
4. It is necessary and advisable to sell the Estate's interest in the Property
pursuant to the provisions of §341(a) of the Texas Probate Code. It cannot be expected
that unanimity can be achieved between these distributees as to the disposition of the
property should the administrator distribute such property to Decedent's heirs in undivided
interests at the close of administration. Sale of the property during the course of
administration would be far more cost effective than to force the distributees to act in
unison following the close of administration.
5. It will be in the best interest of the Estate for the Property to be sold at a
private sale, for cash.
Applicant requests that citation be issued to all persons interested in the Estate, as
required by law, and that, upon hearing on this Application, the Court enter an Order
authorizing Applicant to sell the Estate's interest in the Property described above at a
A nli cation for SWC of R .. Property
Page 2
private sale on the terms set forth above, and such other orders as the Court may deem
proper.
Respectfully submitted,
LAW OFFICES OF
WILLIAM T. McGEE
1701 River Run Rd., Suite 501
Fort Worth, Texas 76107
(817) 336-1888 Telephone
(817) 870-0317 Fax
William T. McGee —
State Bar No. 13616000
Attorneys for Applicant
Page 3
0205Li
505
a a
4• Tho land referred to in this policy is dcscribcd as follows:
All that certain lot, tract or
ASST. NO. 296 and the Parcel Of land situated
Greenville Imo• ANDREWS SURVEY in the A. MESSA*RYiles
SURVEY,
from Otis H,HB Tton�tY, Texas � ABST, N0. 6, about 4
and being a part of the miles south of
Records of Hunt Countet to Ray Wallace of record land described in a
BEGINNING at a Y, Texas, and bein in Vol.
184, deed
cor;ier of tract no
the northwest g specifically described Page 10s' Deed
no. 2; co
of tract no. as follows:
THENCE S 35 de , 1 same being the southwest
line of tract no�0 E along the north bounder
TIIENCE N g del 2 , a distanCe of 103S .59 boundary
°f tract no, 1 and the south bounder
r o 40 41 E, a distance feet to Iron Pin for co r%'
right-o..-way line of of 653.65 feet corner;
TIILNCE N 8S de an abandon Railroad to Iron Pin
g 30' W alongfor corner, set in the south
to Iron Pin for corner. said south right_of-wa
TI-IENC;, S i de 06, Y line, a distance of 1042
feet to the g IV along the center feet
Place Of be line of a county road
0,et acres Pie within tinning and containing in all 15.54S�acres sof land of
65J•2
limits of an existing county road.
f which
1�
EXHIBIT
a
,�I
AIF
Situated in Hunt County, Texas, and being two tracts or parcels of land parts of
the Harvey Jacobs Survey, Abst. No. 539 about 1 1/3 miles Northeasterly from Lone Oak
and more particularly described and bounded as follows:
TRACT NUMBER ONE: BEGINNING at the N. W. Corner of land conveyed
to Pollard from Hamilton and Turner of record in Vol. 388, Page 405 of Hunt County
Deed Records, said point being on W. bdry of said Jacobs Survey 663 varas South from
N. W. corner of Survey, stake at fence corner for corner;
THENCE South along fence line and Jacobs Survey line 648 feet to stake at fence
corner;
THENCE S. 89 deg. 30 min. E. along fence line 124 feet to stake for corner at
intersection with Northwesterly R.O.W. of F. M. Hwy No. 1567;
THENCE Northeasterly along Hwy R.O.W. which is a curve to the right with
radius of 995.4 feet a disance of 440.8 feet to Hwy marker at end of curve;
THENCE continuing along Hwy R.O.W. N. 58 deg. 08 min. E. a distance of 890
feet to stake for corner;
THENCE S. 83 deg. 53 min. W. along fence line 1212 feet to the place of
beginning and confining 8.9 acres of land, and being all of said Pollard land
Northwesterly of said F. M. Hwy;
TRACT NUMBER TWO: BEGINNING at the intersection of the South Bdry
of said Hamilton to Pollard land with the Southeasterly R.O. W. of F. M. Hwy No. 1567,
said point being S. E. corner of land conveyed to State of Texas by R. O.W. deed of
record in Vol. 508, page 431 of Hunt County Records, and said point being also
identified as being 646 feet South and 212 feet S. 89 deg. 30 min. E. from N. W. corner
of Pollard land, stake in fence line for marker;
THENCE S. 89 deg. 30 min. E. along fence line and S. bdry of Pollard land 2394
feet to stake at fence comer and S. E. corner of Pollard land;
THENCE North along fence line 1584 feet to stake for corner of S. bdry of F M.
Hwy No. 1567;
THENCE Southwesterly along Hwy. R.O.W. as follows: S. 58 deg. 08 min. W.
365.2 feet to Hwy marker; S. 52 deg. 25 min. W. 100.5 feet to Hwy. marker, S. 58 deg.
08 min. W. 1100 feet to Hwy marker; S. 63 deg. 51 min. W. 100.5 feet to Hwy. marker;
S. 58 deg. 08 min. W. 819 feet to Hwy marker at beginning of curve to the left with
radius of 915.4 feet; thence along said curve a distance of 359.4 feet to the place of
beginning, and containing 45.3 acres of land, and being all said Pollard land southeasterly
Of said F. M. Hwy.
EXHIBIT
02 05 4 1507
I a t _..
All th—at certain lot
in Tarrant Count 7 tract or --- - -
' parcel of land, lying I� 525 as surveyedYb Texas � a part of the S. g and being situated
Y Henry M. Dickson, CouatEL`�AI� SURVEY, Abstract No.
1946, to -wit: - Y Surveyor, December 11
BE
of a road at the Northwest corner of the S. Freeman S
of a road;
T=M7-3/I+
NCE South 8Survey in the center
degrees East 2
VICE South 1 degree West with the
varas a stake;
i
varas a stake; center of an old abandoned road
I Tu.;CE West 229.7 varas the West line of the S. 196
center of a road; . Freeman Survey !` TN-EiVCE North with the center of said road in the
I' beginning;
+ I' , 215.4 varas to the place of
! and also known as Tract No. I o
8.75 acres. f =�e said Dickson Survey L , and containing
EXHIBIT
I „ C,. -
I CI9ngi, -gin
•
No. 93-0485-1
ESTATE OF § IN THE PROBATE COURT
§
CLINTON MASON BERRY, § NUMBER ONE OF
DECEASED § TARRANT COUNTY, TEXAS
ORDER FOR JUDGMENT NUNC PRO TUNC
On l , 1995, came on to be heard the motion of William T.
McGee, Administrator of this Estate, for judgment nunc pro tune. The Court heard the
evidence in support of the motion and the matter was taken under advisement by the Court.
After due consideration and examination of the original judgment entered on October 6, 1994,
in Volume2054 at page 1501 contains the following clerical errors: The legal description of
Lot 26 was stated as Lot 216.
IT IS THEREFORE ORDERED that the motion of William T. McGee,
Administrator of this Estate, for judgment nunc pro tune is granted, and that the clerk will
enter judgment in accordance with the judgment as rendered on October 6, 1994, nunc pro
tune in the minutes of the Court.
SIGNED this / day of
02U f ..� 1 11 2J
s
40
No. 93-0485-1
ESTATE OF § IN THE PROBATE COURT
CLINTON MASON BERRY, § NUMBER ONE OF
DECEASED § TARRANT COUNTY, TEXAS
JUDGMENT NUNC PRO TUNC
On this day the Application For Sale of Real Property was heard and considered by the
Court, and after hearing the evidence in support of the Application, the Court finds that
citation has been issued and served as required by law; that the application is accompanied by
an Exhibit, verified by affidavit, showing the condition of the Estate, and the Application and
Exhibit meet all requirements of law; that the real property to be sold ("the Property") is fully
described in Exhibit A attached to and made a part of this Order; that the general bond is
sufficient as required by law; that the Application should be granted and the sale of the
Property should be made at private sale; that it is in the best interest of the Estate for the
Property to be sold; that the sale is necessary and advisable in order to liquidate the estate.
cash:
It is ORDERED that the Property described as follows shall be sold at a private sale for
Lots 193, 194, 195 and 196, Hill Side
Section, Shady Shores Subdivision,
as shown by a plat thereof recorded
in Volume One, Page 134 of the Plat
Records of Marion County, Texas
15.545 acres of land located in the
A. Essary Survey, Abst. No. 296
and the Wm. Andrews Survey,
Abst. No. 6 about 4 miles south of
Greenville, Hunt County, Texas; more
particularly described in Exhibit "A"
attached hereto;
t 21'v 1 It 24
EA
54.20 acres of land located in the
Harvey Jacobs Survey, Abst. 539,Hunt County,
Texas more particularly described in Exhibit
"B" attached hereto;
An undivided one-half interest
in 8.75 acres of land out of the
S. Freeman Survey, Abstract No. 525,
Tarrant County, Texas; more particularly
described in Exhibit "C" attached hereto;
Lot located at 215 S. Church Street, Grapevine,
Tarrant County, Texas; more particularly
described as W 147 feet of Lot 26 and the
West 147 feet of the S 40 feet of Lot 27
Block 1 of the City of Grapevine, Tarrant
County, Texas;
Lot located at 210 W. Texas Street, Grapevine,
Tarrant County, Texas; more particularly
described as E. 50 feet of the W 197 feet of
Lot 26 and the E 50 feet of the W 197 feet
and the South 40 feet of Lot 27, Block 1 of
the City of Grapevine, Tarrant County, Texas;
L--:3
It is ORDERED that no additional bond shall be required at this time, and that after the
sale has been made, a Report of Sale shall be filed
1994.
SIGNED this � day of
returned in accordance with law.
1995, effective October 6,
`_12u D E 1, 25
s
NO. 93-0485-1
ESTATE OF § IN THE PROBATE COURT
CLINTON MASON BERRY, §
§ NUMBER ONE OF
DECEASED §
§ TARRANT COUNTY, TEXAS
DECREE CONFIRMING SALE OF REAL PROPERTY
On this day the Court heard and considered the Report of Sale of Real Property ("the
Report"), and the Court finds that five (5) days have expired since the filing of the Report; that
the general bond is sufficient to protect the Estate and is in compliance with this Court's
previous Order of Sale of Real Property and with the law; and that the real property has been
sold for a fair price and such sale was properly made and in conformity with the law. Such
property is described as follows:
Lot located at 215 S. Church Street, Grapevine, Tarrant County,
Texas; more particularly described as W 147 feet of Lot 26 and the
West 147 feet of the S 40 feet of Lot 27 Block 1 of the City of
Grapevine, Tarrant County, Texas
Lot located at 210 W. Texas Street, Grapevine, Tarrant County,
Texas; more particularly described as E 50 feet of the W 197 feet of
Lot 26 and the E 50 feet of the W 197 feet and the South 40 feet of
Lot 27, Block 1 of the City of Grapevine, Tarrant County, Texas
It is ORDERED and DECREED that the sale described in the Report is hereby
APPROVED and CONFIRMED and conveyance of the property is authorized upon
compliance by the Purchaser with
SIGNED this d7ay of
Return Copies To:
WMLLUI T. MCGEE
1701 RWER RUNT ROAD, SUITE 601
FORT WORTH, TEXAS 76107
TUEPHONE: (817) 336-1888
Ft'v. (p1�) —c, ,omen
ESTATE OF
CLINTON MASON BERRY,
DECEASED
NO. 93-0485-1
§ IN THE PROBATE COURT
§ NUMBER ONE OP''�j,
§ TARRANT COUNTY, TEXAS
REPORT OF SALE OF REAL PROPERTY
William T. McGee, Administrator of this Estate, reports the following:
1. The Order of Sale of Real Property in this Estate is dated October 6, 1994.
2. A description of the property sold ("the Property") is as follows:
Lot located at 215 S. Church Street, Grapevine, Tarrant County,
Texas; more particularly described as W 147 feet of Lot 26 and the
West 147 feet of the S 40 feet of Lot 27 Block 1 of the City of
Grapevine, Tarrant County, Texas
Lot located at 210 W. Texas Street, Grapevine, Tarrant County,
Texas; more particularly described as E 50 feet of the W 197 feet of
Lot 26* and the E 50 feet of the W 197 feet and the South 40 feet of
Lot 27, Block 1 of the City of Grapevine, Tarrant County, Texas
* The Inventory and Order of Sale Incorrectly described
Lot 26 as Lot 216.
3. The Property was sold at a private sale on January 23, 1995.
4. The names of the purchaser is: The City of Grapevine.
5. The total sales price of the Property was $55,000.00, less 6% real estate
commission, property taxes to date of sale and any outstanding liens associated with the
property. The balance of closing costs including policy of title insurance will be paid by the
purchaser.
02074 1 7 1 9
u
r-A
This sale was made for cash as specified in the letter contract, a copy of which is
i Exhibit "A".
7. The purchaser is ready to comply with the Order of Sale of Real Property.
8. In support of the request by the Administrator to the Court for an Order Confirming
Sale, the following facts are submitted:
The Inventory of the Estate on file herein lists the
value of the subject property at $57,638.00, which was the value shown by the Tarrant
Appraisal District for the year 1994. Subsequent to the filing of the Inventory, a formal
written appraisal was conducted by J. Robert Reed, SRA MAI, who reports the fair market
value of the property as of November 9, 1994 to be $51,000.00. Attached hereto as Exhibit
"B" is Mr. Reed's appriasal. The Administrator, through his duly appointed real estate
broker, has been able to negotiate a purchase price of $55,000.00, with the purchaser being
responsible for all closing costs, save and except the standard real estate commission and
property taxes to date of closing. No other potential purchasers have been located. Because
the City of Grapevine is in need of this property for a public facility, a failure to enter into this
sale will result in the filing of a condemnation proceeding at perhaps a greater cost to the
Estate. It is in the best interest of the Estate to enter into this sale with the City of Grapevine at
this price.
Respectfully submitted,
William T. McGee, Administrator
Page 2
`l�!? J!! 1 ,'9(l
AND SWORN TO BEFORE ME BY William T. McGee this
Notary Public, State of Texas
Pa:e i
02074 72
•
A Future with A Past
GRAPEVINE
January 23, 1995
Mr. William T. McGee, Administrator
C.M. Berry Estate
c/o Mr. Steve Henderson
Murray Realtors
100 Grapevine Highway
Hurst, Texas 76054
EXHIBIT
IIA It
RE: Property Purchase:
• Lots 26-32, Block 1, Original Town of Grapevine (215 S. Church)
• Lots 26-33, Block 1, Original Town of Grapevine (210 W. Texas)
Dear Mr. McGee:
The city of Grapevine is interested in acquiring the above mentioned properties. The
city has employed Mr. J. Robert Reed, SRA, MAI to prepare an appraisal on the
property. Mr. Reed has appraised the property at $51,000. Enclosed, please find the
Statement of Findings. As has been discussed with Mr. Henderson, the city is willing
to compensate the C. M. Berry Estate in the negotiated amount of $55,000 for the
aforementioned properties.
The City is interested in securing title insurance on the property. The cost of the title
insurance along with all associated closing costs will be paid for by the city. The
C.M. Berry Estate will be responsible for the payment of any outstanding taxes, liens
and any real estate fees associated with the property.
Assuming your acceptance of this offer, I foresee a closing date on the property in
early February. If you have any questions, please contact me at (817) 481-0372. We
appreciate your willingness to work with the City of Grapevine.
N
Sincerely,
-- Jerry Hodge
' j Director of Public Works
N
N
xc: Trent Petty, City Manager
THE CITY OF GRAPEVINE La
PUBLIC WORKS DEPT. P.O. Box 95104 • Grapevine, Texas 76099 • Phone Metro 817/481-0372
J ROBERT REED, SRA, MAl
Real Estate Consultant
P.O. BOX 330723
FORT WORTH,TEXAS 76163
(817)346-0005
Mr. Trent Petty, City Manager
City of Grapevine
413 S.Main Street
Grapevine, Texas 76099
Dear Mr.Petty:
As you requested I have prepared the following appraisal of
the real estate located at 210 W. Texas Street & 215 S.
Church
Street, Grapevine, Tarrant County, Texas. The sites are contiguous
and under the same ownership. The two sites are legally described
as follows:
210 W. Texas Street, East 50'/West 197' of Lot 26, and the
East 501/ West 197'/South 40' of Lot 27, Block 1, City of Grapevine
Addition. Land area from Tax Roll is 5,662.8 square feet.
215 S.Church Street, West 147' of Lot 26 and West 147'/South
40' of Lot 27, Block 1, City of Grapevine Addition. Land area from
Tax Roll 19,988 square feet.
The combined area of the subject property under appraisal is
estimated at 22,650.8 square feet.
The improvements include two old frame buildings that have
been vacant for years, are run down and are considered to have no
value.
The purpose of the appraisal is to estimate the "Market Value"
of the property as of November 9, 1994.
The appraisal is subject to the Assumptions
Co ditions included in the body of the report.
Based on the data and analysis contained in
report the "Value" of the property as of November
estimated to be $2.25 per square foot or:
($51,000.00)
(FIFTY ONE THOUSAND DOLLARS)
Respectfull
7
J1. Robert Reed, SRA, MAI
and Limiting
the attached
91 1994, is
I'-1207t; 1723
IN THE ESTATE OF
CLINTON MASON BERRY,
DECEASED
No. 93-485-1
§ IN THE PROBATE COURT
§
§ NO. ONE OF
§
§ TARRANT COUNTY, TEXAS
ORDER CLOSING TEMPORARY ADMINISTRATION
On this � clay of --:^�- , 1995, the Application to Close Temporary
Administration of the Estate of CLINTON MASON BERRY, Deceased, filed by VIRGINIA
LUCILLE YEARGAIN, Temporary Administratrix on the day of 4!r�, 194s-,-'
was heard and considered by the Court. The Court, having heard the evidence in support of
such Application, finds that the Temporary Administration of this Estate has been fully
administered; that the Final Account of Temporary Administratrix has previously been approved;
that the Temporary Administratrix has delivered all of the property of the Estate remaining on
hand to the Administrator of the Estate, William T. McGee; and that the Temporary
Administration of this Estate should be closed.
IT IS, THEREFORE, ORDERED that VIRGINIA LUCILLE YEARGAIN, Temporary
Administratrix of the Estate of CLINTON MASON BERRY, Deceased, is hereby discharged
from this trust and as Principal on her Bond, that the Sureties on the Bond of the Temporary
Administratrix are hereby discharged from further liability under such Bond, and this Temporary
Administration is hereby declared to be closed.
SIGNED on the 0 day ol,
1
No. 93-485-1
'ATE OF § IN THE PROBATE COURT
MASON BERRY, § NO. ONE OI+ 1
§ TARRANT COUNTY, TEXAS
APPLICATION TO CLOSE TEMPORARY ADMINISTRATION
TO THE HONORABLE JUDGE OF SAID COURT:
VIRGINIA LUCILLE YEARGAIN, Temporary Administratrix of the Estate of CLINTON
MASON BERRY, Deceased, furnishes the following information to the Court:
1, This Court has previously entered its Order approving the Final Account of the
nd ordering the Temporary Administratrix to deliver the estate remaining in
Temporary Administratrix a
her possession to the Administrator of the Estate, William T. McGee.
2. The Temporary Administratrix has fully complied with such Order, as evidenced by the
attached receipt from the person who received said property, and there is no property belonging to this
Estate remaining in the possession of the Temporary Administratrix.
Applicant requests this Court to enter an Order discharging the Temporary Administratrix from
this trust, releasing the principal and sureties on Applicant's Bond from further liability, and declaring
the Temporary Administration of the Estate of CLINTON MASON BERRY closed.
Respectfully submitted,
STEPIIr, D. ST .l'llE
449 W . ain St.
Lewis - le, Texas,7505
Attorney for Temporary Administratrix
State Bar No.: 19161000
r'%;"1, 0 nn46
NG. 93-0485-1
ESTATE OF § IN THE PROBATE COURT
CLINTON MASON BERRY, §
§ NUMBER ONE OF
DECEASED §
§ TARRANT COUNTY, TEXAS
DECREE CONFIRMING SALE OF REAL PROPERTY
On this day the Court heard and considered the Report of Sale of Real Property ("the
Report"), and the Court finds that five (5) days have expired since the filing of the Report; that
the general bond is sufficient to protect the Estate and is in compliance with this Court's
previous Order of Sale of Real Property and with the law; and that the real property has been
sold for a fair price and such sale was properly made and in conformity with the law. Such
property is described as follows:
54.20 acres of land located in the Harvey Jacobs Survey, Abst. 539, Hurit
County, Texas more particularly described in Exhibit "B" attached hereto;
It is ORDERED and DECREED that the sale described in the Report is hereby
APPROVED and CONFIRMED and conveyance of the property is authorized upon
compliance by the Purchaser with the terms
SIGNED this Oyof
Return Copies To:
1701 R'_tE ' R I �=.J `, R_r<A.I..3, ,S,TJri—E'�i 501
_
:',Y�: ii�I j .;:36-1aa8
J1'. 1P0
which sale is to be for cash.
02088 0783
I t'.'
NO. 93-0485-1
ESTATE OF § IN THE PROBATE COURT
CLINTON MASON BERRY, § NUMBER ONE OF
DECEASED § TARRANT COUNTY, TEXAS
REPORT OF SALE OF REAL PROPERTY
William T. McGee, Administrator of this Estate, reports the following:
1. The Order of Sale of Real Property in this Estate is dated October 6, 1994.
2. A description of the property sold ("the Property") is as follows:
54.20 acres of land located in the Harvey Jacobs Survey, Abst.
539, Hunt County, Texas more particularly described in Exhibit "B"
attached hereto;
3. The Property was sold at a private sale on April 5, 1995.
4. The name of the purchaser is: Paul Allen.
5. The total sales price of the Property was $49,870.00, less 1/2 survey expense and
6% real estate commission, title policy, property taxes to date of sale, any outstanding liens
and normal closing costs associated with the property.
6. This sale was made for cash as specified in the letter contract, a copy of which is
attached as Exhibit "A".
pare 1
46
/. i ne pumma6u1 - ---.7
1v with the Order of Sale of Real Property.
--
Respectfully submitted,
) )%-'
e&I, ec--k-j;?
William T. McGee, Administrator
SUBSCRIBED AND SWORN TO BEFORE ME BY William T. McGee this
day of 1995.
STARLFINE MOORE
My COMMISSION EXPIRES
March 29, 1996
Notary Public, State of Texas
E=2
� Hunt County, Texas, and being two tracts or parcels of land parts of
the Harvey Jacobs Survey, Abst. No. 539 about 1 1/3 miles Northeasterly from Lone Oak
and more particularly described and bounded as follows:
TRACT NUMBER ONE: BEGINNING at the N. W. Corner of land conveyed
to Pollard from Hamilton and Turner of record in Vol. 388, Page 405 of Hunt County
Deed Records, said point being on W. bdry of said Jacobs Survey 663 varas South from
N. W. corner of Survey, stake at fence corner for corner;
THENCE South along fence line and Jacobs Survey line 648 feet to stake at fence
corner;
THENCE S. 89 deg. 30 min. E. along fence line 124 feet to stake for corner at
intersection with Northwesterly R.O.W. of F. M. Hwy No. 1567;
THENCE Northeasterly along Hwy R.O.W. which is a curve to the right with
radius of 995.4 feet a disance of 440.8 feet to Hwy marker at end of curve;
THENCE continuing along Hwy R.O.W. N. 58 deg. 08 min. E. a distance of 890
feet to stake for corner;
THENCE S. 83 deg. 53 min. W. along fence line 1212 feet to the place of
beginning and contining 8.9 acres of land, and being all of said Pollard land
Northwesterly of said F. M. Hwy;
TRACT NUMBER TWO: BEGINNING at the intersection of the South Bdry
of said Hamilton to Pollard land with the Southeasterly R.O. W. of F. M. Hwy No. 1567,
said point being S. E. corner of land conveyed to State of Texas by R. O.W. deed of
record in Vol. 508, page 431 of Hunt County Records, and said point being also
identified as being 646 feet South and 212 feet S. 89 deg. 30 min. E. from N. W. corner
of Pollard land, stake in fence line for marker;
THENCE S. 89 deg. 30 min. E. along fence line and S. bdry of Pollard land 2394
feet to stake at fence corner and S. E. corner of Pollard land,
THENCE North along fence line 1584 feet to stake for corner of S. bdry of F M.
Hwy No. 1567;
THENCE Southwesterly along Hwy. R.O.W. as follows: S. 58 deg. 08 min. W.
365.2 feet to Hwy marker; S. 52 deg. 25 min. W. 100.5 feet to Hwy. marker; S. 58 deg.
08 min. W. 1100 feet to Hwy marker; S. 63 deg. 51 min. W. 100.5 feet to Hwy. marker;
S. 58 deg. 08 min. W. 819 feet to Hwy marker at beginning of curve to the left with
radius of 915.4 feet; thence along said curve a distance of 359.4 feet to the place of
beginning, and containing 45.3 acres of land, and being all said Pollard land southeasterly
Of said F. M. Hwy.
EXHIBIT
wa
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0(_U60 J I 00
SUBSTANDARD BUILDING CHECKLIST
(Ordinance No. 615)
Fig
PROPERTY DESCRIPTION:
OWNER: CSZ: ✓�i. (n
INSPECTOR:
to
Substandard Building Inspection Report completed.�J
Request research for all lienholders or mortgagees for the
property in question.
Recommend to the Board that abatement proceedings be c--), / 16C
commenced.
Set date for public hearing to be held before the Board to
determine whether a building complies with the standards set
out in Section IV of Ord. 615. (has to fall at least 2 weeks prior
to public hearing to provide sufficient time to notify owner).
Denver agenda and pack
et information to Board.
10 days or more prior to the date set for the public hearing, D
Notify the record owner and all lienholders or mortgagees of
the Public Hearing. (Form 2: Notice of hearing).
Green Cards Returned
Prior to the public hearing file a copy of the notice mailed to
the record owner in the official public records of real property
in the county in which the property is located.
The Board determines at the public hearing time allowed to
complete work and the contents of the order. (Form 3: Order).
Order Completed
Mail the Order certified, return receipt to the record owner,
and each identified lienholder and mortgagee of the building
within ten (10) days after Board action
6eel Page 1 f 3
11"'-)J1bC
Ila
-FORM 1: CHECKLIST
iA
File the Order with the City Secretary within 10 days after the
Board action.
Publish the Notice of Order within 10 days after the date the
order is issued see Section VIII(3). (Form 4: Notice of Order).
Post notice to vacate building and Mail certified, return receipt
requested to the occupant of the building. (Form 5: Notice to
Vacate, see Ord. 615 Sect 18(2)).
Performance of repair work or demolition by property owner.
Assessment of work done (or not) by building official and
authorization of Building Official for performance of work by
City. (Form 6).
If city enforcement required:
Utility services notified to disconnect services (if necessary).
Gas
Electric
Cable
Work performed by City:
Demolition:
City may demolish if Board finds that buildings
are a danger and either infeasible of repair or
there is no reasonable expectation that they will
be repaired if additional time is given.
Date of Demolition
Repair:
City may repair to extent necessary if the Board
has determined building likely to endanger person
or property and the building is a residential
dwelling with 10 or fewer units.
Repair completed
ram,
Page 2 of 3
FORM 1: CHECKLIST
Other:
Secured
Vacated
Sworn itemized account prepared by building official, and filed
with city secretary. (Form 6: Sworn Account).
Notice of Lien prepared by building official, and filed with city
secretary. (Form 7: Notice of Lien).
Notice of Lien filed in county records.
Bill sent to property owner.
Bill paid.
Release of Lien filed with County. (Form 8: Release of Lien)
Page 3 of 3 FORM 1: CHECKLIST
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City of Southlake, Texas
NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS
ON MONDAY, JANUARY 22,1996 AT 7:00 P.M. IN THE COUNCIL CHAMBERS LOCATED
AT SOUTHLAKE CITY HALL, 667 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS 76092.
Name and Address of Record Owner:
MR. CLINTON BERRY & V.L. YEARGIN
121 HARMONY LANE
LAKE DALLAS. TX. 75065-3301
According to the records of Tarrant County Appraisal District, you are the owner of property described as:
TRACT 5A01. ABST. 525 OUT OF THE
SAMUEL FREEMAN SURVEY
LOCATED AT 1029 N. KIMBALL AVE.. SOUTHLAKE, TX.
Please be advised that on 11/08/95_ the Building Official of the City of Southlake has found and
determined that a building located on the above described property is substandard and proceedings shall
commence to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the
building. Attached please find a copy of the Substandard Building Inspection Report dated
_l 1/08/95 , describing the conditions found to render the building substandard or dangerous under
the provisions of the Uniform Building Code set forth in Ordinance No. 615, Section IV.
A Public Hearing will be held before the Building Board of Appeals to determine whether the
building/structure located at the above described property complies with the standards set out in Ordinance
No. 615, Section IV.
According to Ordinance No. 615, Section VI, (d) the owner, lienholder, or mortgagee will be required to
submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance,
and the time it will take to reasonably perform the work.
If the building is found to be in violation of this Ordinance, the Board may order that the building be
repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee
or lienholder within thirty days (30 days).
If the Order given to the owner, mortgagee, or lienholder is not complied within the allowed time, the Board
may order the City to vacate, secure, remove or demolish the building or relocate the occupants of the
building. The expenses incurred by the City shall be a personal obligation of the property owner in addition
to a priority lien being placed upon the property to secure payment.
If you should have any questions regarding this notice, or you are not the owner, mortgagee, or lienholder
please call the office of the Building Official or the Code Enforcement Officer at 817/481-5581.
attachment: Substandard Buildings Inspection Report Case No._016 Dated _1 l/08/95_.
64
LAMY R. MEE
CC�d�TRACT��VG
617-433-2143 u+ 2 Box 3;44-A
Decaiur, Texas 76234
I Bit
DATE �V- - , -G�•
y /
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Job Local'
DESCRIPTION71
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TOTAL �"�
City of Southlake, Texas
MEMORANDUM
January 17, 1996
TO: Building Board of Appeals
FROM: Glenda Jaynes, Code Enforcement Officer
SUBJECT: CASE NO. 016 - Consideration of Substandard Buildings
PROPERTY
DESCRIPTION: Tract 5A1, Abstract 525 out of the S. Freeman Survey
LOCATION: 1029 North Kimball Rd.
OWNER: Mr. Clinton Berry
FINDINGS: Structure(s) present: 3
Structure(s) condition; Substandard
see attached INSPECTION REPORT DATED 11/08/95
see Photograph's presented at the meeting.
STATUS: Abandoned/Unoccupied
COMMENTS: Notice was mailed to the property owner ten days prior to the public hearing.
RECOMMENDATION: The following is the Building Officials findings and recommendation for the
Board's consideration:
That the structures are abandoned/substandard with such conditions that
creates health hazards, invites vandalism, is unfit for human habitation and
is a public nuisance. I recommend that due to reasons as stated in the
Inspection Report dated 11/08/95 that the structures be secured
immediately to prevent unauthorized entry, be repaired to city code,
required permits be obtained, the lot be cleaned of trash and debris within
thirty (30) days. Also, that the structures are not to be occupied or utilized
until repairs are completed, inspections are conducted and approval is given
by the City. And if the structure's are not repaired and the lot not cleaned
within the allotted time that the City be authorized to remove or demolish
the structure's, clean the lot and charge the cost to the property.
attachments: Location Map
Plot Plan
Notice mailed to Property Owner
Inspection Report 11/08/95
City of South lake, Texas
CITY OF SOUTHLAKE
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS 76092
(817) 481-5581 OFFICE
(817) 488-5097 FAX
FAX TRANSMITTAL SHEET
DATE: 1/22/96
FAX TO: 336-1892
TOTAL OF PAGES INCLUDING COVER PAGE:
ATTN: Mr. William McGee, Attornev
FROM: Glenda Jaynes
City of Southlake
Code Enforcement Officer
MESSAGE:
Notice and Inspection Report as requested by Ms. Yeargin.
She
hous1
N. K m bo I I 2j
PLOT PLAN
CASE NO. 016
-I ,,�`-�r -- -- — - --- --- — ---- — - --- --- - -
-
REAL ESTATE INFORMATION SERVICES, INC.
----- --- ^----- ---- ------ -�
Ell THROCKNORTON
FORT VORTH, TEXAS 76101
(817) 335-S002 INVOICE
Southlake, City of
Glenda Jaynes
667 North Carroll Avenue
Southlake TX 76092
(DATE
N0. .... IPAGE _ IDUE DATE
0
REFERENCE # DESCRIPTION
Title ',"•.earth
Clinton M. Berry & Virginia Yeargain
Being a tract of land out of the S.
Freeman Survey, A-525, to Tarrant.
County, Texas.
1121 Late Charge For Overdue Accounts
Thank You Very Much for your Business.
Please return yellow
copy rith payment.
+6-57
AMOUNT
- 70.00
SUB -TOTAL ' . vt'
TAX (1.06
TOTAL 70. 00
NET TO PAY 70.00
S
R�-1_L.�G ,T_,?_ � lnZt— NUM—n�rta--�l
THE STATE OF TEXAS, vo�6484 a►c� h�1
KNOW ALL MEN BY THESE. PRESENTS:
COUNTY OF TARRANT
That I, NANNIE LUCILLE BERRY, a widow, i'
Ij
of the County of TARRANT State of TEXAS for and in consideration of
;i
h
the sum of
TEN AND N0/100($10.00)------------------------------------- I'
cash, and other good and valuable consideration, DOLLARS,
li
to me in hand paid by CLINTON M. BERRY and• VIRGINIA L. YEARGAIN,
the receipt of which is hereby expressly acknowledged,
i�
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
CLINTON M. BERRY and VIRGINIA L. YEARGAIN
Of the County of DENTON , State of TEXAS all that certain
it
lot, tract or parcel of land, lying and being situated in Tarrant County;
Texas, a part of the S. FREEMAN SURVEY, Abstract No. 525, as surveyed byl
Henry M. Dickson, County Surveyor, December 13, 1946, to -wit:
BEGINNING at the Northwest corner of the S. Freeman Survey in the centerjj
of a road; 11'
THENCE South 87-3/4 degrees East 233.6 varas a stake;
THENCE South 1 degree West with the center of an old abandoned rc d, 196!i
varas a stake;
THENCE West 229.7 varas the West line of the S. Freeman Survey in the
center of a road; j
THENCE North with the center of said road, 215.4 varas to the place of
beginning, and also known as Tract No. 1 of the said Dickson Survey,
and containing 8.75 acres.
It is intended that this deed will c;nvey all real property owned by
Grantor in Tarrant County, Texas.
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights
and appurtenances thereto in anywise. belonging unto the said grantees, their
�i
i
heirs and assigns forever; and I do bereby bind myself, my
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises
unto the said grantees, their
heirs and assigns, against every, person whomsoever lawfully claiming, or to claim the same or any part
thereof. 1
Witness my hand at
Lewisville, Texas r
this 16th day of
Witnesses at Roquest of Grantor:
May A. D. 19 78
nn_II pp �
r'NANNIE LUCILLE BERRY O
ACKNOWLEDGMENT
THE STATE OF TEXAS, l O A 1+�
COUNTY OF DENTON ( VOL 6484 OL(s 0 REFORE ME. the undersigned authority,
in and for said County, Texas, on this day personally appeared _._. ...._. ...._... .. ...
NANNIE LUCILLE BERRY
known to me to be the person whose name is subscribed to the foregoing instnnnent, and acknowledgmt to me that
She- executed the same for the pro poses and consideration therein ex resse
zA
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This � day of M y A.D. 19 78
Notary Public, ENT N� County. Texas
My Commission Expires .............. 9-20.-78
ACKNOWLEDGMENT
THE STATE OF TEXAS, 1
BEFORE ME, the undersigned authority,
COUNTY OF (
in and for said County, Texas, on this day personally appeared .... ...................
__._. ._ _.__... .. _.
known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that
he... executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day 1.D. 19
(L.S.)
Notary Public, County, Texas
My Commission Expires ...................................................
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS,
. .,.• � � BEFORF, ME, the undersigned authority,
COUNTY OF. _......_.....:\..)))
in and for said Count�as. Aa personally appeared ........... _— .......... .... ... ... _ ........ _.....
_._
............_. _......._._... .._................ ... ......_..__._.___...__............... ....._..known to me to be the person and officer
whox name is su scr' tirf l �regoing instrument and acknowledged to me that the same was the act of the said
°•I NA W
\ t- ------------------------------.-.---------------------.... .
a eorp3tttt@% a(ad yi cuted the same as the act of such corporation for the purposes and consideration therein
¢1 e�`�fliiyc�`city therein sta
,tit
F) yl/ER Di�g1�AND A OF OFFICE, This..^-.Y.':.....^T. day -of-..- ^--- , A.C. '^
1"eaa\o`"tvE1LS.) 1� ql
Notary Public , .......... Covr.. ,
r•.Y,;............ -................ _............. ...........
..........
`c(<t�►�' CLERK'S CERTIFICATE
TH S
t I, ..... .county
cot _ �:
Cler my Court of said County, do hereby certify that the foregoing instrument of writing tinted on the
:r;
ay A. D. I? ,with its Certificate of Authentication for
. ...............................
Iceoru Sn fit,&free . ..... ._.. _. e n ru at n'A1 k w -ori dnlr
on the _.
recorded this day of._._ _....._ A. D. 19......... at.. o'clock X. :n the
.....___. .__ ...........................................Records of paid County. in Volume. . on pages
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in
.......................... .................................. _.................. ........ the day and year last abnc,• written.
County Clerk Texas.
By 141,1ity.
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• Complete items 3, and 4a & b.
following Services (for 2i1 extra
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> o Attach this form to the front of the mailpiece, or on the
back if space
1. ❑ Addressee's Address .
does not permit.,
S v Write "Return Receipt Requested" on the mailpiece below the article number.
2 ❑ Restricted Delivery
" • The Return Receipt will show to whom the article was delivered
® delivered.
and the date
Consult postmaster for fee.
3. Article Addressed to:
4a, Ar>ic
Num}Ier
O
a
E Mr. Clinton Berry & V.L. Yeargin
4b. Service Type
❑. Registered ❑ Insured
oc
121 Harmony Lane
Certified ElCOD
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Lake Dallas, Tx. 75065-3301
Express Mail ❑ Return Receipt for
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7. Date of geliverV
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8. Addressee's Address (Only if requested
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6. )Signaiur (AgentT
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PS Form 3811, December 1991 *U.S. GPO: 1993-352-714 DOMESTIC RETURN RECEIPT
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City of Southlake, Texas
Into]
DATE:
ORDER
OF THE SOUTHLAKE
BUILDING BOARD OF APPEALS
CASE NO. 016
Mr. Clinton Berry and Virginia Yeargain
121 Harmony Lane
Lake Dallas, Texas 75065-3301
January 22, 1996
WHEREAS, a public hearing was held on January 22, 1996 before the Southlake Building Board of
Appeals ("Board") regarding structures present on Tract 5A1, Abstract 595 out of the S. Freeman Survey, located
at 1029 North Kimball Road in Southlake, Texas; and
WHEREAS, the city has exercised its best efforts to ascertain all owners, lien holders and mortgages of
the property and the records of the office of the county clerk indicate that Mr. Clinton Berry and Virginia Yeargain
are the record owners of the buildings; and
WHEREAS, notice of the public hearing, was mailed to the property owners more than ten (10) days prior
to the date of the hearing; and
WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection
Report, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the buildings; and
WHEREAS, the Board finds from evidence presented at the public hearing that the buildings are in
violation of the standards set forth in Ordinance No. 615 and that the defects or conditions exist to the extent that
the life, health, property or safety of the public are endangered and that the buildings are infeasible of repair.
NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT the
structures located on property described as Tract 5A1, Abstract 595 out of the S. Freeman Survey, located at 1029
North Kimball Road in Southlake, Texas; be repaired in conformance with the requirements of the codes of the
City of Southlake or demolished and the debris removed from the property within thirty (30) days of the date of
this order. The owner may demolish or remove the structures at his option. The refrigerators on the premises must
be removed or made safe and the structures must be secured immediately. All utilities shall be disconnected
immediately except as necessary to effectuate the repairs. If the ordered action is not taken within the allotted time,
the city will remove or demolish the buildings and charge the cost to the property. If the city is not promptly
reimbursed from its expenses, the city will place a lien on the pr perty for the amount owned.
l %� C" t ,(
/hairma hla e Building Board of Appeals
ATTEST:
Secretary of the Building Board of Appeals
Filed 'n the Office of the ity Secretary on 1996
City Secretary co
Structures to be considered by the Building Board of Appeals.
on Monday, January 22, 1996 Public Hearing Meeting.
1. Reconsideration of CASE NO. 015 due to Ownership Change
Inspection Report Dated: 9/28/95
Abandoned/Substandard/Dangerous Structure's
No. of Structure's on property - 4-5
1535 Brumlow Ave.
Tract 2E6, Abstract 591 out of the J.N. Gibson Survey
Current Owner: Joe Wright
2. CASE NO. 016
Inspection Report Dated: 11/08/95
Abandoned/Substandard/Dangerous Structure's
No. of Structure's on property - 3
1029 North Kimball Ave.
Tract 5A1, Abstract 525 out of the S. Freeman Survey
T.A.D. Owner: Clinton Berry
SUBSTANDARD BUILDINGS
INSPECTION REPORT
CITY OF SOUTHLAKE, TEXAS 76092
667 NORTH CARROLL AVENUE
(817) 481-5581 - FAX (817) 488-5097
Property Address 1029 NORTH KIMBALL
Abost 525 _ Tract 5A1 Out of S. FREEMAN Survey
L - _ B - _ Sub -Division
Property Owner CLINTON BERRY
Property Occupant UNOCCUPIED
ORDINANCE NO. 615
Case No.016 Dated 11-08-95
AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO
DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE
REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF
DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
SECTION IV.
SUBSTANDARD BUILDINGS DECLARED
For the purposes of this Ordinance, any building, regardless of the date of its
construction, which has any or all of the conditions or defects hereinafter described shall be
deemed to be a substandard building:
STANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 016 cont.
V(1) Any building that is dilapidated, substandard, or unfit for human habitation and
hazard to the public health, safety and welfare.
(2) Any building that, regardless of its structural condition, is unoccupied by its
owners, lessees or other invites and is unsecured from unauthorized entry to the extent that it
could be entered or used by vagrants or other uninvited persons as a place of harborage or
could be entered or used by children.
(3) Any building that is boarded up, fenced or otherwise secured in any manner if:
(a) The building constitutes a danger to the public even though secured from
entry; or
(b) The means used to secure the building are inadequate to prevent
unauthorized entry or use of the building in the manner described by
Section IV (2) above.
_ (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of
sufficient width or size or is not so arranged as to provide safe and adequate means of exit in
case of fire or panic.
(5) Whenever the walking surface of any aisle, passageway, stairway or other
means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and
adequate means of exit in case of fire or panic.
(6) Whenever the stress in any materials, or members or portion thereof, due to all
dead and live loads, is more than one and one half times the working stress or stresses allowed
in the Building Code for new buildings of similar structure, purpose or location.
(7) Whenever any portion thereof has been damaged by fire, earthquake, wind
flood or by any other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum requirements
of the Building Code for new buildings of similar structure, purpose or location.
V(8) Whenever any portion or member or appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or damage property.
2
STANDARD BUILDINGS
INSPECTION REPORT
CASE NO.016 Cont.
_ (9) Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so
anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one
half of that specified in the Building Code for new buildings of similar structure, purpose or
location without exceeding the working stresses permitted in the Building Code for such
buildings.
_ 00) Whenever any portion thereof has wracked, warped, buckled or settled to such
an extent that walls or other structural portions have materially less resistance to winds or
earthquakes than is required in the case of similar new construction.
(11) Whenever the building, or any portion thereof, because of :
— (a) dilapidation, deterioration or decay;
(b) faulty construction;
(c) the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
(d) the deterioration, decay or inadequacy of its foundation; or
_ (e) any other cause, is likely to partially or completely collapse.
_ (12) Whenever, for any reason, the building, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used.
_ 03) Whenever the exterior walls or other vertical structural members list, lean or
buckle to such an extent that a plumb line passing through the center of gravity does not fall
inside the middle one third of the base.
_ (14) Whenever the building, exclusive of the foundation, shows 33 percent or more
damage or deterioration of its supporting member or members, or 50 or more percent damage
or deterioration of its non -supporting members, enclosing or outside walls or coverings.
3
STANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 016 Cont.
115) Whenever the buildinghas been so damaged b fire wind earthquake,
g y q ake, flood or
other causes, or has become so dilapidated or deteriorated as to become:
✓ (a) an attractive nuisance to children; or,
y (b) a harbor for vagrants, criminals or immoral persons.
_ (16) Whenever any building has been constructed, exists or is maintained in violation
of any specific requirement or prohibition applicable to such building provided by the building
regulations of this jurisdiction, as specified in the Building Code, or of any law or ordinance
of this state or jurisdiction relating to the condition, location or structure of buildings.
_ (17) Whenever any building which, whether or not erected in accordance with all
applicable laws and ordinances, has in any non -supporting part, member or portion less than
50 percent, or in any supporting part, member or portion less than 66 percent of the:
(a) strength,
_ (b) fire -resisting qualities or characteristics, or
(c) weather -resisting qualities or characteristics required by law in the case
of a newly constructed building of like area, height and occupancy in the
same location.
(18) Whenever a building, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or
arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the
building official to be unsanitary, unfit for human habitation or in such a condition that is
likely to cause sickness or disease for reasons including, but not limited to, the following:
V/ (a) Lack of, or improper water closet, lavatory, bathtub or shower in a
dwelling unit or lodging house.
_ (b) Lack of, or improper water closets, lavatories and bathtubs or showers
per number of guests in a hotel.
(c) Lack of, or improper kitchen sink in a dwelling unit.
_ (d) Lack of hot and cold running water to plumbing fixtures in a hotel.
Cl
SUBSTANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 016 cont.
(e) Lack of hot and cold running water to plumbing fixtures in a dwelling
unit or lodging house.
(f) Lack of adequate heating facilities.
(g) Lack of, or improper operation of, required ventilating equipment.
(h) Lack of minimum amounts of natural light and ventilation required
by this code.
(i) Room and space dimensions less than required by this code the building
/ code.
V (j) Lack of required electrical lighting.
(k) Dampness of habitable rooms.
(1) Infestation of insects, vermin or rodents.
(m) General dilapidation or improper maintenance.
_ (n) Lack of connection to required sewage disposal system.
(o) Lack of adequate garbage and rubbish storage and removal facilities.
Z(19) Whenever any building, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty
electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire
marshal to be a fire hazard.
_ (20) Whenever any building is in such a condition as to make a public nuisance
known to the common law or in equity jurisprudence.
_ (21) Whenever any portion of a building remains on a site after the demolition or
destruction of the building.
L22) Whenever any building is abandoned so as to constitute such building or portion
thereof an attractive nuisance or hazard to the public.
SUBSTANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 016 cont.
_ (23) Any building constructed and is still existing in violation of any provision of the
Building Code or Uniform Fire Code of the City of Southlake.
ROGER STEWART, FIRE MARSHAL EXT. 737
DATE / i /-o
PAUL WARD, BUILDING OFFICIAL EXT. 755
DATE
comments:
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CASE NO. 016
ID SENDER: d
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L•
I .
also wish to receive the
S m Complete items 1 and/or 2 for additional services
e Complete items 3, and 4a & b.
!9 ,
following services (for an extra
` • Print your name and address on the reverse of this form
so that we can
fee):
this card to you.
>
m o Attach this form to the front of the mailpiece, or on the
back if space
1. Addressee's Address
El
y
N
D does not permit.
t a Write "Return Receipt Requested" on the mailpiece below the article number.
2 ❑ Restricted Delivery
+'
m
•' a The Return Receipt will show to whom the article was delivered
and the date
Consult postmaster for fee.
delivered.
C
® 3. Article Addressed to:
4a. icle Nuynber P-
a
c Mr. Clinton Berry & V.L. Yeargin
__
4b. Service Type —�—
❑Registered ❑ Insured
121 Harmony Lane
Certified ❑ COD
u
Lake Dallas, Tx. 75065-3301
❑ Express Mail ❑Return Receipt for
Merchandise
p
7. Date of DI' erg
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5 ure (Atidiessee)
$. Addressee's Address (Only if requested �
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\ally VI VV41111 QI%GI I%-,^CX7
ORDER \
OF THE SOUTHLAKE
BUILDING BOARD OF APPEALS
CASE NO. 016
TO: Mr. Clinton Berry and Virginia Yeargain
121 Harmony Lane
Lake Dallas, Texas 75065-3301
DATE: January 22, 1996
WHEREAS, a public hearing was held on January 22, 1996 before the Southlake Building Board of
Appeals ('Board") regarding structures present on Tract 5A1, Abstract 595 out of the S. Freeman Survey, located
at 1029 North Kimball Road in Southlake, Texas; and
WHEREAS, the city has exercised its best efforts to ascertain all owners, lien holders and mortgages of
the property and the records of the office of the county clerk indicate that Mr. Clinton Berry and Virginia Yeargain
are the record owners of the buildings; and
WHEREAS, notice of the public hearing, was mailed to the property owners more than ten (10) days prior
to the date of the hearing; and
WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection
Report, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the buildings; and
WHEREAS, the Board finds from evidence presented at the public hearing that the buildings are in
violation of the standards set forth in Ordinance No. 615 and that the defects or conditions exist to the extent that
the life, health, property or safety of the public are endangered and that the buildings are infeasible of repair.
NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT the
structures located on.}froperty described as Tract 5A1, Abstract 595 out of the S. Freeman Survey, located at 1029
North Kimball Road in Southlake, Texas; be repaired in conformance with the requirements of the codes of the
City of Southlake or demolished and the debris removed from the property within thirty (30) days of the date of
this order. The owner may demolish or remove the structures at his option. The refrigerators on the premises must
be removed or made safe and the structures must be secured immediately. All utilities shall be disconnected
immediately except as necessary to effectuate the repairs. If the ordered action is not taken within the allotted time,
the city will remove or demolish the buildings and charge the cost to the property. If the city is not promptly
reimbursed from its expenses, the city will place a lien on the pr perty for the amount owned.
4,hlAce
airmBuilding Board of Appeals
ATTEST:
Ln, A
Secretary of the Building Board of Appeals OV T
Filed 'n the Office of the Qity Secretary on , 1996��p).
c� n
City Secretary = CIO
Z*xh_16� '0
SUBSTANDARD BUILDINGS
INSPECTION REPORT
CITY OF SOUTHLAKE, TEXAS 76092
667 NORTH CARROLL AVENUE
(817) 481-5581 - FAX (817) 488-5097
Property Address 1029 NORTH KIMBALL
Abost 525 Tract Ate— Out of S. FREEMAN Survey
L - — B - _ Sub -Division
Property Owner CLINTON BERRY
Property Occupant UNOCCUPIED
ORDINANCE NO. 615
Case No.016 Dated 11 - 5
AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO
DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE
REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF
DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
SECTION IV.
SUBSTANDARD BUILDINGS DECLARED
For the purposes of this Ordinance, any building, regardless of the date of its
construction, which has any or all of the conditions or defects hereinafter described shall be
deemed to be a substandard building:
STANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 016 cont.
1Y (1) Any building that is dilapidated, substandard, or unfit for human habitation and
hazard to the public health, safety and welfare.
_ (2) Any building that, regardless of its structural condition, is unoccupied by its
owners, lessees or other invites and is unsecured from unauthorized entry to the extent that it
could be entered or used by vagrants or other uninvited persons as a place of harborage or
could be entered or used by children.
_ (3) Any building that is boarded up, fenced or otherwise secured in any manner if:
(a) The building constitutes a danger to the public even though secured from
entry; or
_ (b) The means used to secure the building are inadequate to prevent
unauthorized entry or use of the building in the manner described by
Section IV (2) above.
(4) Whenever any door, aisle, passageway, stairway or other means of exit is not of
sufficient width or size or is not so arranged as to provide safe and adequate means of exit in
case of fire or panic.
(5) Whenever the walking surface of any aisle, passageway, stairway or other
means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and
adequate means of exit in case of fire or panic.
_ (6) Whenever the stress in any materials, or members or portion thereof, due to all
dead and live loads, is more than one and one half times the working stress or stresses allowed
in the Building Code for new buildings of similar structure, purpose or location.
_ (7) Whenever any portion thereof has been damaged by fire, earthquake, wind
flood or by any other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum requirements
of the Building Code for new buildings of similar structure, purpose or location.
V(8) Whenever any portion or member or appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or damage property.
2
STANDARD BUILDINGS
INSPECTION REPORT
CASE NO.0116 cont.
— (9) Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so
anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one
half of that specified in the Building Code for new buildings of similar structure, purpose or
location without exceeding the working stresses permitted in the Building Code for such
buildings.
(10) Whenever any portion thereof has wracked, warped, buckled or settled to such
an extent that walls or other structural portions have materially less resistance to winds or
earthquakes than is required in the case of similar new construction.
— (11) Whenever the building, or any portion thereof, because of :
— (a) dilapidation, deterioration or decay;
— (b) faulty construction;
— (c) the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
— (d) the deterioration, decay or inadequacy of its foundation; or
— (e) any other cause, is likely to partially or completely collapse.
02) Whenever, for any reason, the building, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used.
— 03) Whenever the exterior walls or other vertical structural members list, lean or
buckle to such an extent that a plumb line passing through the center of gravity does not fall
inside the middle one third of the base.
— (14) Whenever the building, exclusive of the foundation, shows 33 percent or more
damage or deterioration of its supporting member or members, or 50 or more percent damage
or deterioration of its non -supporting members, enclosing or outside walls or coverings.
STANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 016 Cont.
Y(15) Whenever the buildinghas been so damaged g by fire, wind, earthquake, flood or
other causes, or has become so dilapidated or deteriorated as to become:
(a) an attractive nuisance to children; or,
(b) a harbor for vagrants, criminals or immoral persons.
_ (16) Whenever any building has been constructed, exists or is maintained in violation
of any specific requirement or prohibition applicable to such building provided by the building
regulations of this jurisdiction, as specified in the Building Code, or of any law or ordinance
of this state or jurisdiction relating to the condition, location or structure of buildings.
_ (17) Whenever any building which, whether or not erected in accordance with all
applicable laws and ordinances, has in any non -supporting part, member or portionless than
50 percent, or in any supporting part, member or portion less than 66 percent of the:
(a) strength,
_ (b) fire -resisting qualities or characteristics, or
— (c) weather -resisting qualities or characteristics required by law in the case
of a newly constructed building of like area, height and occupancy in the
same location.
(18) Whenever a building, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or
arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the
building official to be unsanitary, unfit for human habitation or in such a condition that is
likely to cause sickness or disease for reasons including, but not limited to, the following:
(a) Lack of, or improper water closet, lavatory, bathtub or shower in a
dwelling unit or lodging house.
(b) Lack of, or improper water closets, lavatories and bathtubs or showers
per number of guests in a hotel.
(c) Lack of, or improper kitchen sink in a dwelling unit.
(d) Lack of hot and cold running water to plumbing fixtures in a hotel.
11
SUBSTANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 016 cont.
_ (e) Lack of hot and cold running water to plumbing fixtures in a dwelling
unit or lodging house.
(f) Lack of adequate heating facilities.
(g) Lack of, or improper operation of, required ventilating equipment.
(h) Lack of minimum amounts of natural light and ventilation required
by this code.
_ (i) Room and space dimensions less than required by this code the building
% code.
Y (j) Lack of required electrical lighting.
(k) Dampness of habitable rooms.
_ (1) Infestation of insects, vermin or rodents.
(m) General dilapidation or improper maintenance.
(n) Lack of connection to required sewage disposal system.
(o) Lack of adequate garbage and rubbish storage and removal facilities.
(19) Whenever any building, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty
electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire
marshal to be a fire hazard.
_ (20) Whenever any building is in such a condition as to make a public nuisance
known to the common law or in equity jurisprudence.
_ (21) Whenever any portion of a building remains on a site after the demolition or
destruction of the building.
j— (22) Whenever any building is abandoned so as to constitute such building or portion
thereof an attractive nuisance or hazard to the public.
5
SUBSTANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 016 Cont.
_ (23) Any building constructed and is still existing in violation of any provision of the
Building Code or Uniform Fire Code of the City of Southlake.
ROGERSTEW FIRE MARSHAL EXT. 737
.—ti--� DATE L I /-12 /11��
PAUL WARD, BUILDING OFFICIAL EXT. 755
DATE k�. _a./ 06
comments:
c:\appeals\inreport.016
Cl
City of Southlake, Texas
CITY OF SOUTHLAKE
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS 76092
(817) 481-5581 OFFICE
(817) 488-5097 FAX
FAX TRANSMITTAL SHEET
DATE:
FAX TO:
TOTAL OF PAGES INCLUDING COVER PAGE:
ATTN : gee,d/'vv e
i
FROM: Glenda Jaynes
City of Southlake
Code Enforcement Officer
MESSAGE:
City of Southlake, Texas
MEMORANDUM
February 26, 1996
TO: Building Board of Appeals
FROM: Glenda Jaynes, Code Enforcement Officer
SUBJECT: CASE NO. 016 - Status
PROPERTY
DESCRIPTION: Tract 5A1, Abstract 525 out of the S. Freeman Survey
LOCATION: 1029 North Kimball Rd.
OWNER: Mr. Clinton Berry (deseased)
Virginia Yeargain
FINDINGS: Structure(s) present: 3
ORDER DATE: January 22, 1996
ORDER TYPE: Demolish or Repair Buildings/Structures and clean lot within 30 days
OWNER COMPLIED: Yes. Except for 1 small shed which is secured. Staff is working with owner
allowing extended time to remove.
STATUS: Buildings/Structures Removed and Lot Cleaned except for 1 small shed.
9i
attachments: Location Map
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TEL No . .Jan 25 ,'96 17 =00 ado . M5 P .03
OF THE SOIJTHLAKE
BUILDING BOARD OF APPEALS
CASE NO. 016
TO. Mr. Clinton Berry and Virginia Yeargain
121 Harmony Lane
Lake Dallas, Texas 75065.3301
DATE: January a 1996
WHE FAS, a public herring was held on January 22, 1996 before the Southlake Board of Appeals (Board")
regarding structures present on Tract SAL* Abstract 595 out of the S. Freeman Survey, located at 1029 North Kimball
Road in Southlaho, Texas; and
WHEREAS, the city has exercised its best efforts to ascertain all owners, lien holders and mortgages of the
property and the records of the office of the county clerk indicate that Mr. Clinton Berry and Virginia Ymgain are the
regard owners of the property; and
WHEREAS, notice of the public hearing was mailed to the property owners more than ten (10) days prior to
the date of the hearing, and
WHEREAS, the Board rinds that too defects or conditions set forth on the Substandard Building Inspection
Report attadtad hereto a Exhibit "A" and incorporated herein for an purposes, are present in the building$; and
WHEIIEAS, the Board finds Croat Cvidcaw presented at the public hearing that the buildings arc in violation
of the standards set forth in Ordinance No. 615, and that the defects or conditions exist sn the went that the life, health,
Property or safety of the public are endangered and that the buildings are infeasible of rc Wr.
NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT
the structures looted on property described as Tract 5A1, Abstract 595 out of the S. Frecmad Survey, located at 1029
North Kimball Road lit Southlake, Texas; be repaired in ocmforrnanee with the requirements of the codes of the City of
Southlake or demolished and the debris removed from the property within thirty (30) days of the date of this order. The
owner may demolish or rumovc the structures at his option. The refrigerators on the premiscs must be removed or made
Rafe and the structures must be erred immediately. All utilities shall be disconnected immediately, except as necessary
to eflectuOte the repair& if the ordered action is not taken within the allotted time, the city will remove or demolish the
buildings and charge the cost to the property. If the city is not promptly reimbursed from its expenses, the city will place
a lien on the property for the amount awned.
\ ATTEST:
Secretary of the Building Board of Appeals
Filed in the Office of the city Secretary on 19
Secretary
Chairman, Southlake Building Board of Appeals
JAN 10 196 09:42
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611 THROCKMORTON . FORT WORTH, TEXAS 76102 817-335-5082
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DJEIAVER TO:
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FROM:
Fl_rM:
Ieta, number of pages, including this pa;e
`fraltsmit6 g iroin 8 l-334-1.334.
IF YOU DO NOT RECEIVE ALL OF THE PAG CSl PLEASE CALL 817-335-5092.
Confidenjolity Nate: The attached facsimile message is confidential and is intended
only for the use the recipieat named alcove. Only the receiving and delivering
n.r•Ae�r R®x fee �•n.stt Aiatrih r4^ yY ennv �lP i1iPQ@SlP£_ V011
[�ll:bJJf[[JG we"ages as c au.siava ie.a= av • a.�av� �•?� f J the — "ge- �
have received this cuarniuuicatiojik in error, please =bosify the sender humediately by
telephone. Thank you.
JS 1 LJrx
W-re
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REAL ESTATE INFORMATION SERVICES, INC.
ABSTRACTOR'S INFORMATION LETTER
No. 96-57
City of Southlake
Attn: Glenda Jaynes
667 North Carroll Avenue
Southlake TX 76092
In compliance with your request for information with reference to the following described property, our search
reflects:
LEGAL DESCRIPTION:
Being a tract or parcel of land out of the S. FREEMAN SURVEY, Abstract No. 525, situated in Tarrant
County, Texas, and being more particularly described by metes and bounds in attached copy of Deed.
LAST DEED IN CHAIN OF TITLE:
WARRANTY DEED: Nannie Lucille Berry to Clinton M. Berry and Virginia L. Yeargain. Dated
5-16-78, filed 5-17-78. Recorded in Volume 6484, Page 69, Deed Records, Tarrant County, Texas.
411 -133M.: 1 1 u �. I► :►! ! C:WHICH WE FIND NO RELEASE OR ATTEMPTED RELEASE OF RECORD:
WE FIND NONE:
EXCEPTIONS AND REMARKS:
PROBATE: In Re: The Estate of Clinton Mason Berry, Deceased. Filed 2-24-93. Cause No.
93-0485-1, Tarrant County, Texas. Virginia Lucille Yeargain, Applicant. COPY ATTACHED.
This letter does not include any of the following matters:
(1) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate this letter by more than
fourteen (14) years.
(2) Suits and judgments, which from date of entry, antedate this letter by more than ten (10) years, our until the
governing statutes of limitation has expired, whichever is the longer period.
(3) Unpaid State and Federal Tax Liens (other than ad valorem tax liens) which, form date of filing, antedate this
letter by more than ten (10) years.
(4) Any unpaid ad valorem property taxes, real or personal, affecting the above described real property.
The above search was made from the title plant of Rattikin Title Company and Real Estate Information Services, Inc.
does not certify to the accuracy of said records.
It is expressly understood that the undersigned corporation and/or it's officers or employees neither accept nor assume
any liability, financially or otherwise, for the information indicated above.
DATED at Fort Worth, Texas, this 8th day of January, 1996.
The above title information, excluding bankruptcies, certified thru January 1, 1996.
Bankruptcy information certified thru November 25, 1995.
REAL ESTATE INFORMATION SERVICES, INC.
By
City of Southlake, Texas
TO
DATE:
ORDER
OF THE SOUTHLAKE
BUILDING BOARD OF APPEALS
CASE NO. 016
Mr. Clinton Berry and Virginia Yeargain
121 Harmony Lane
Lake Dallas, Texas 75065-3301
January 22, 1996
WHEREAS, a public hearing was held on January 22, 1996 before the Southlake Building Board of
Appeals ("Board") regarding structures present on Tract 5A1, Abstract 595 out of the S. Freeman Survey, located
at 1029 North Kimball Road in Southlake, Texas; and
WHEREAS, the city has exercised its best efforts to ascertain all owners, lien holders and mortgages of
the property and the records of the office of the county clerk indicate that Mr. Clinton Berry and Virginia Yeargain
are the record owners of the buildings; and
WHEREAS, notice of the public hearing, was mailed to the property owners more than ten (10) days prior
to the date of the hearing; and
WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection
Report, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the buildings; and
WHEREAS, the Board finds from evidence presented at the public hearing that the buildings are in
violation of the standards set forth in Ordinance No. 615 and that the defects or conditions exist to the extent that
the life, health, property or safety of the public are endangered and that the buildings are infeasible of repair.
NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT the
structures located on property described as Tract 5A1, Abstract 595 out of the S. Freeman Survey, located at 1029
North Kimball Road in Southlake, Texas; be repaired in conformance with the requirements of the codes of the
City of Southlake or demolished and the debris removed from the property within thirty (30) days of the date of
this order. The owner may demolish or remove the structures at his option. The refrigerators on the premises must
be removed or made safe and the structures must be secured immediately. All utilities shall be disconnected
immediately except as necessary to effectuate the repairs. If the ordered action is not taken within the allotted time,
the city will remove or demolish the buildings and charge the cost to the property. If the city is not promptly
reimbursed from its expenses, the city will place a lien on the pr perty for the amount owned.
airman, hla e Building Board of Appeals
ATTEST:
6, A
Secretary of the Building Board of Appeals
G
Filed in the Office of the City Secretary on 1996,.�`'�p�
kor
City Secretary s
City of Southlake, Texas
TO
DATE
ORDER
OF THE SOUTHLAKE
BUILDING BOARD OF APPEALS
CASE NO. 016
Mr. Clinton Berry and Virginia Yeargain
121 Harmony Lane
Lake Dallas, Texas 75065-3301
January 22, 1996
WHEREAS, a public hearing was held on January 22, 1996 before the Southlake Building Board of
Appeals ("Board") regarding structures present on Tract 5A1, Abstract 595 out of the S. Freeman Survey, located
at 1029 North Kimball Road in Southlake, Texas; and
WHEREAS, the city has exercised its best efforts to ascertain all owners, lien holders and mortgages of
the property and the records of the office of the county clerk indicate that Mr. Clinton Berry and Virginia Yeargain
are the record owners of the buildings; and
WHEREAS, notice of the public hearing, was mailed to the property owners more than ten (10) days prior
to the date of the hearing; and
WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection
Report, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the buildings; and
WHEREAS, the Board finds from evidence presented at the public hearing that the buildings are in
violation of the standards set forth in Ordinance No. 615 and that the defects or conditions exist to the extent that
the life, health, property or safety of the public are endangered and that the buildings are infeasible of repair.
NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT the
structures located on property described as Tract 5A1, Abstract 595 out of the S. Freeman Survey, located at 1029
North Kimball Road in Southlake, Texas; be repaired in conformance with the requirements of the codes of the
City of Southlake or demolished and the debris removed from the property within thirty (30) days of the date of
this order. The owner may demolish or remove the structures at his option. The refrigerators on the premises must
be removed or made safe and the structures must be secured immediately. All utilities shall be disconnected
immediately except as necessary to effectuate the repairs. If the ordered action is not taken within the allotted time,
the city will remove or demolish the buildings and charge the cost to the property. If the city is not promptly
reimbursed from its expenses, the city will place a lien on the zM
amount owned.
C f
/flairmO,
hla e Building Board of Appeals
AiTEST:
Secretary of the Building Board of Appeals
C)C3 q
Filed n the Office of the ity Secretary on c 1996.,�`'��p�
f
City Secretary