Loading...
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 �OF PHONE REA a MESSAGE-- SI 2-1 p. M TE�� TIME lid E PHONED RETURNED �YDUR CALL PLEASE CALL W_ LL F AGAIN 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 rl t 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 •aoinJaS 3dia3aa uin;aa 6uisn jo; noA 3lueyl y (1) cu N ~ X N \ O N ` c _0N '0 f0 'D a V y 7 or U Q N Q 0 \ C w T CDY O N Y m m c= 0 7 2 C O d y y m 7 N O m .% E to)L 3 N Q o"U ❑❑❑ a rn U1:1 > El f0 3 y N — N j Z N CD— y.n O w U O 0 0) (D X 1100 'O a W o m E OC U w O c Q co � ❑� 4 n 00 W � O m m m m d « m E >- Y 3' `o o a N c0 N r m 3 O _O > O H w m W cC W m n E m I y 0 E o a « L W C -O 3 vi 0 d O O m 0 N ^l �V 04 W m o o C _ m V O L vW m-_ m l y.-i X m m m° o o .- ri W, �' g a m i O O OD mm m0 E Q'FD - Q Q E m m v= c Q Q I d m ccm2s� mm� u.1 Q w m m o m a; O n a> z m y �y ''� a c m c Lj < OZ LLI U U aF- f7-0..'a �..C.m.O� L6 6 �ap!s asJanaJ 043VO pe3eiduwoo SS3UCIGV Nun.L3u inc 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 / _� lZ Job Local' DESCRIPTION71 i d4 I C4 ; 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. Z. w: "d34 A9 0 E Ia — Y x y v >4 rorw� in- ,. w ! �I2.9 �n F. O 0 l e o .0 4jUv �i %8Y y Ei tC z w . II UlUa>i W' H O F t? SYX*AL IALA OU N1rutf11 i x CU a O > z: 'l. �. U , � i � � 4 7 e � � � • oq .� ~ W , , ma's Qy ! � Q'i i It w Om J �* m 0 O O N m r O O O O O O 0 < W o 0 0 m N (D tC1 O O O a X 7 W m O Cl) (D n ^ 0 V (D W < J wV) F-a n N O O Cl) V m (7 > m N V r Cl) m m <^ F N ^ M W z J J O m In w • * (D > O 4S • • F- � r � V) a a a o V) z i L O JOF W W W O a H L X X X O ¢ra w w w In ¢ ti wL LLw wxIII p w p (D (D tD 0 0 0 0 0 O M U O O O O O OJU V U U V U V U O U O U O U O U V U mJU VJU VJU tD<< to < mJ< (D < (D < m < m < m < (D < W < m<< (D<< lD<< J V .: V V< V V V V V V V V + V V + Oa �o F-0 ^ F-n F-tn rm 3v 3N F-In Fo F-o F-o ro Z-< VZtn Vzw VUIn Vz0 Vzm V2m V •V V •O Vz0 V2to Vz^ Vz0 VZO a UF- ^wM ^an CC In ^<m ^aM �•a^ ^O^ ^o-• ^<O ^QO ^w0 ^w0 ^w0 <Wa ^a . ^U . --w . ^U . .-U .-U . . ^U . ^U . ^p - ^p . ^p . Z!Ilp N.. N< NL N< N< N< Ntr NCr N< Na(D N..m N-CO N.•.V V) V) > > > > > > V) V) U) aw (L -O a a a a a a a a. III aw a. III alr a <o a a a < a < a am <¢ am a m paF- pdF- 06F- paF- pal- 0l1 F- par oar pdF- pal- OdF- pdF- pal- m V) Zio zio ZLo zio ZLO ZLO zmo ZLO ZLO Z20 Z20 Z20 ZLO F- J-F J.+F- J'<F- J-F- J-V- J-F- JI•+F- J-F- J-F- J'+F- J-F- J-F- J-1- p U N N N N N N N N N N N N N W -000N NO ON �-VW ON NN NN N(U mN Nn rN tDO ON WV) MN NO ON NO ON �OOON ^GOON ^OOON W V)W2 a0000 UO 00 la_OMOO Um m0 UN NO ow (DO UO 00 ow m0 UU) m0 00 00 Wmm 00 W0000 <0000 Y � 7H M(D I m m I OmO I M M I w w I n n l W (p I O O I ^ '• I N N I Nn0 1 VV OW ID I a> a J V) W -I() -m W - -m W - - -m w - -m w - -m III •m W - m W - -m W m W - -m W - -m WO - - -m W - -m JF- IY<- C) IDr^ pN N^ pm^O� p0 O^ pM M^ OV V^ pM co-- pM M^ p ^ O^ 2¢ d>0 O-"V lnm ON Nm 04m0m on rm OM Mm 0 m o m O m 0 m Om 1nm 00----m OWNmm OOMMm Hw Q. U I U I U ^ I U I U I U I U I U I U I U^ ^ UN N I U^ ^ I V^ ^ 1 D a < x w O w o w o w O w 0 w 0 w 0 w 0 w o w 0 W o w o w o O O a VI NV) NV) N V) N VI N V) N M NV) N V) N V) N M N N N VI N V) a F- O N O N p N D N O N 7 N p N p N 7 N p N O N O N p N a LL OJ a >w �¢ U z p O O > > > > > > >> >> > > > > > V V)t W W W W W pW J W -IW pW W W W W m V)F > > V> V> V> >> m> m> >> > > > > m W d a 2 ^ Ir ^ I ^ m J DC a: Ir -I cc cc Ir K Er ^ cc- D< Z)m ^0 ^D ^Z) mD wD III m> » w0 > > pC NM V)M V)V U) (n^ V) YV)^ YV)N V)M <V1 >V) WNN WV)M 00 0 0 > o > > O w a o a o w O 3 < ^V) > o > 0 <V) Jm Jm 3Jm 3JU 3JU YJLL JJI, JJLL YJLL YJ J02 <J< aJ< w W W M W W M S W M m w M 2 W M < W M 2 W M 2 W M a W M m W V -I W< W U) W U) z0 » » D 7 JD F-� F-7 JZ) <: JDIf) �- J7 J7 O aL aL w2 w2 1112 SL 7L 0rC 22 m2 aL O JL JL .,> < a F-< F-a F-a F-< O< oa f-a < malr< a< as F-F- t-V)w FV)Ir <V)¢ <1NC <V)m 7V)Il V)V) V)N pV) 3V)2 LV)F-U) mV)m MV)C < w lz F- ¢ F- f- H F 0 F- a ¢ O ¢ f- U w O . O - V) - V) En - V) . w -r w -r V) -F- z - Y -1n m ••- .. - pa SZ 2z z Z z z Z z z z ZNF- Y2 Yz JO V)<U) V)am w<10 W<U) W<m Waln Oa Oa W< 0<ID tam QU) <In 5 LN LN LN 2N 204 LN OLif) OLIn LID 02N L ID ZLN Z2N D_ MWU) MIII In ^W U) OWin WWIn OW in OWN OWN OWN Owl!) mW F-N III In Wm nw rW Ow Ow -w Ow Ow U)3 OW U33 OW U) Ow NW V) If) -W MW NIr Mm M¢ Mm Nm Om O O¢ O Nm OD= Omm Om 0cr iNm NLLa NIL< NLL< NIL< NLL< NIL< OLL<cr 0LL<M NLLa OIL< -LL<a mLL< (D LL< i V m N m 0 m m N r N m M O m m M m tD v V 0 O N m Cl) m V M m N m N m m N V m m V O m r (D r z N V N V N m N n N r N V N M M V M M 2 M M (D (') W U) O In O U) M U) V m V m 0 ^ W (D O U) U) �^ Cl) m J m m m F- m 1 m I m I m I m I m I r n I m m (� I m> I m 1 U m m m m m n m ^ m ^ m m V m l0 m t0 m m m� m mm N m N U M m M m M O Cl) U) M m M m N tD w m M M a t0 Cl) w m co m a m 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0^ O . ow Ov Ox om 0 0 V) (D (D w m (D (D (D m tD m lD m ■ > 00 U (D m (D w r n n J n J r n nN nN nN a nm r(D r Ir I I I I< 1< I I m I Ii) I In I w I J (D I X O I p I 1 i I F- I H 1 I m I m I m I J I In 1 n I wp I I I z I W I W I I m I m I m I m I> m W< I I I J I I I O M O M I M I a I ID I W W W I W V 2z I I I I O I O I W 0 (D O I O I J 1 l3 O I > O I > m 30 I I 1 Ir V) I K I m I I LL I LL 1 1 - t-I I I Ja I J a JOZ I I I F-Y I pp I pp 1 I O •• I O •• I •• 1> < I ZZX •• I CC •• I If) W < m I aX (y' 1 lY X> I X> I > I H > I OJ F-> I aJ > I >J dN U J M X Cl) x VmoF_ I <F-X �aF-X I X ^WmF-w NW F-W M XW I Z a ^F- W NU JXw MF-JX m� m OlY F- O¢ F- O OM->x I z0E- Oz0E- I F- OF-(D Y OF-m Y 0 F-Y 17 Oz>V1Y O <F- OF-« Vm a a mWm mwCp UOJ UOJ IL Wm 12<Mm0 LL<w 2V) LLwm V) I 0 > <�-IZ<V) < -m o <WM VO a L Mzmw Mzmw M OF- MWWW Mwww MzmW MF•t0E- MF-mF- MZmW VU F- mJ0J mz2W mm2W V 1 ZVZ I zVZ I -<lY I JLZ I JLZ 12VZ I V) ¢0 I V)wmw 12Vzo I .. 1 02-io i O..Y VI I .+Y Q •• Q I O H 1 0 �+ 1220 I <- 1 <I I O r I XO� I 07 I O _D I F- U 1 2<D 10) <n 1 -Y< dW < I UX> I UX> 1. I <V)3 I -0> 1. 1 -U> I UX> i •030 I -X30 I UX>O I z 1 -<p0 I Ir JO I Ir J <F- F- ID Ow ow ML >_ w tn> w In Ow In V)m �-+ mV)O I-+ m ow- ma O t >2 f� mWZ2- U)Wzm < N -md N -m Il Ndml- NIY(Da Nmm n. N -ma N< F-> Na m F-> N -ma> Nm z NM W> NF- F-> NL F- ••p U)2 < In1 a In<02 InW^< If) W^< U)L < ox oaw ox aw on <w om * mm_YW OF-^7W 02MD Lz <0m <Om 2m0 Lm¢ LmCr <Om w Om woocr <Omm < • wN<cr <OOm WOO UD <J CL0 <Ja0 <U^IL <W-U <W--0 <JaU <F-(LILa «dIL11 <J D_Ua <F- if <m-Jd as m U)a aa(D V) EL cc P• SENDER: ® Complete items 1 and/or 2 for additional services. _(y I also wish t0 receive the • Complete items 3, and 4a & b. following Services (for 2i1 extra r= • Print your name and address on the reverse of this form so that we can fee): IP return this card to you. > 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 cm LU Lake Dallas, Tx. 75065-3301 Express Mail ❑ Return Receipt for � Merchandise w ® 7. Date of geliverV 5. ISIg t re ( re�see}. 8. Addressee's Address (Only if requested ' � ,,emu and fee is paid) _ ro �I , 6. )Signaiur (AgentT s PS Form 3811, December 1991 *U.S. GPO: 1993-352-714 DOMESTIC RETURN RECEIPT y o + PS Form 3800, June 1990 t" N a m m .r . CD N mW r ya o x o y C CDt!e m � ° O i m m m y m < CD k 00 L� - m 30 �' coo < CD — z m C m N C® LLJ r O N CL a — CD 7 O 4A w•-, (D CD N ai (D 0 f. . CD M'� 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: c: \appeals\inreport. 0 16 G1 TR • • �i e� V X2 TR 21I I 296 •AC I. 412 AC 2 f1 3.7De • ` to 9 Ta 2f4 a 1P• f 2.0 AC 1 7 2 6 PpP� ] pT1G 4 1 1 2 ] 4 5 5 9-196 e-A PANHANDLE DR 7 P TR 2E xt TA 2'E2 1 2 3 4 S 6 7 e .45 • td • • 9-R 7 21 20 f0-R TR 2A2 A TR 2A26 15 16 19 U It TR 2A3A .1 17. 11® TR 2A3 ] 4 AC AC ES I AC TR 2C 5.42 AC 2G 3 AC 4ci — — — — - — — — N4NN7 AC AIA TR 2A4 1.5 AC NI N aa�25 A TUMBLEWEED TR .33 AC 1 .35 AC A3AIETRAID 5 Ac3AIA AC 41 A 3 2 MANCHESTER LN e 9 4 5 3 / • / T( 2 9 TA SA2 2.931 • � f TR y t.049 CRIPPLE CREEK TR 27 9 - 3�6L' �'1 25 zs to 6 zz 29 15 11 17 Is 19 20 21 22 23 24 7 f6 21 `py 3 2 f 9 e SS 37 20 13 12 11 f0 9 e 7 6 5 4 10 19 11 12 13 14 1e 6 5 14 21 A VERDE TR 7 I zz 20 • 9 34 33 32 31 30 29 10 Ze 26 25 24 � 19 .Se 17 11 15 14 13 12 11 SHADY LANE TR Sort SDUT}LAKE CITY LIMITS TR 1 1 10.95 Ac /~ a TR SAt 1 I TR SE �. 9.01 • I ( e.ss x TR JA nn !! N TR 5026 1 CUry TR SC TR 503 1 1 13. % AC 1 1 1 TR 504 1 I TR 5F 1 LOCATION MAP CASE NO. 016 ID SENDER: d 1 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 "- a 0 5 ure (Atidiessee) $. Addressee's Address (Only if requested � 1 and fee is paid) Ir- 6.' Signatur (Agek , 7 I >- PS Form 3811, December 1991 *U.S. GPO: 1993-352-714 DOMESTIC RETURN RECEIPT N PS Form 3800, June 1990 _% m yr m3 03 x w a m o C, m g 0 3 m OM n pry Tv- m C7 2 -D y " o h C" CD o' � C 7 o M a L U Er w t" 3 �(D o✓ (D Al �5-0 k—A jj Ln 04 y fD Ln �c� �.— _L ^__.aLl_1._ T—..-- \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 1:)0 U1 iN31 � ♦ :� 4 cY Y - .4-- A MCI AV or VY.". I id 29' P IrA% tl' I "z URN" 496 IN V� k -' m _41 � ;� s �_ '� •. � �. i-3 � � „ ' , �� _,�: r �; � . � � � � �``" ��., �� � • �� � d �� I 'Tf rx.' til .. - -- ...cc J$4:; +�C.y:; tali-��. �Y . _. ..�t,i�'�'� '. `'� �.' a? � - _ .� ..�!`� , tom•. �; � - � � �L �• d' &-, fa �ff�le J. _a�4.;7C1aar•�i•` - • �� ;r IJL MEMORANDUM OF PAPERS FILED A,'`iD ACTION TAKEN R 3 PN';,� 6._� J. _-tom AP 7—�, -f- 1� aL� Pti MEMORANDUM OF PAPERS FILED AND ACTION TAKEN I /I F /QAJ,� 3--�aAA- /D• /(g • fy �-Awk, TEL No . .Jan 25 ,'96 17 =00 ado . M5 P .03 OF THE SOIJTHLAKE BUILDING BOARD OF APPEALS CASE NO. 016 TO. Mr. Clinton Berry and Virginia Yeargain 121 Harmony Lane Lake Dallas, Texas 75065.3301 DATE: January a 1996 WHE FAS, a public herring was held on January 22, 1996 before the Southlake Board of Appeals (Board") regarding structures present on Tract SAL* Abstract 595 out of the S. Freeman Survey, located at 1029 North Kimball Road in Southlaho, Texas; and WHEREAS, the city has exercised its best efforts to ascertain all owners, lien holders and mortgages of the property and the records of the office of the county clerk indicate that Mr. Clinton Berry and Virginia Ymgain are the regard owners of the property; and WHEREAS, notice of the public hearing was mailed to the property owners more than ten (10) days prior to the date of the hearing, and WHEREAS, the Board rinds that too defects or conditions set forth on the Substandard Building Inspection Report attadtad hereto a Exhibit "A" and incorporated herein for an purposes, are present in the building$; 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 P.1 nip, At UOT A ►ry IXTUnn An A rrI AXT C���►�TTt�U G' 111Tt' , ►Jit�i� �VL' 1,7i 111 V. 611 THROCKMORTON . FORT WORTH, TEXAS 76102 817-335-5082 i DJEIAVER TO: rr� t i .. 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 i 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