HomeMy WebLinkAboutResolution - 632B - Release Of Lien- Vergil Craig- Water & Sewer Pro-Rata, Lot 223 Mclarty Addition - 10/09/1980JWF:bs
RESOLUTION #632-B - 10/9/80
p RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
OG� THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Release of
Lien in favor of Vergil Craig for Water and Sewer Pro -Rata, a copy of which
is attached herewith which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 9th day of October 1980.
;�ez* -
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaf .ga, C ty Secretar - asurer
ED AS TO CONTENT:
Charles Norhingto, Chief Accountant
APPROVED AS ORM:
l .
J. Wor h Fullin im, A st. City Attor ey
RESOLUTION #632-B - 10/9/80
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
WHEREAS, on the 19th day of June, A.D., 1963, Vergil Craig and not
Joined by his wife for the property is not homestead, of the County of Lubbock,
State of Texas, did execute, acknowledge and deliver to the City of Lubbock,
Texas a certain contractual agreement and lien upon and against certain real
property and improvements, if any, thereon for Water and Sewer Pro -rata,
described as follows, to -wit:
Lot 223, Depauw McLarty Addition, Lubbock, Lubbock County, Texas
Which said agreement and lien is of record in Volume 122, on page 519 of the
Mechanics Lien Records of Lubbock County, Texas, to which instrument reference
is here made; and
WHEREAS, said debt, lien and obligations secured thereby have been fully
paid off and satisfied to the said City of Lubbock, Texas, the legal and
equitable holder and owner of such debt, obligation and lien:
NOW THEREFORE:
In consideration of the premises, of the payment of such debt and obli-
gations, and other good and valuable cash consideration, the receipt of which
is hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation
of Lubbock County, Texas, has this day, and do by these presents, RELEASE,
DISCHARGE, and QUITCLAIM unto the said Vergil Craig and his heirs (successors)
and assigns, the contractual lien heretofore existing upon the above described
premises under and by virtue of the above described instrument, and declare
such lien fully released and cancelled.
EXECUTED this 9th day of October , 19 80
THE CITY OF LUBBOCK, TEXAS
r
BY:
Mayor
ATTEST: APPR017FD AS TO FORM: c�
elyn Gaf ga, ity Serea J. o th ullingim,
Ev
Treasurer As "s ant City Attorney
APPVED:
Charles North' gton el
Chief Accounta t
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock
County, Texas,on this day personally appearedBILLMcALISTER, MAYOR, known__.
to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and con-
sideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Ao�ay ofZ_6/,
19
Notary Public, Lubbock County, Texas
My commission expires
V 0l. 17 1 D , �aqe. ) 3 0
I
THE STATE OF TEXAS (Form L-9)
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This a ation and qreement�gad nto bXeW -he� cen
p -6-
Vergil Craig &loaned-ba77WZ t T _%
W . a P nr? %Vpein Cale Upplicantst
whether -ofie or more, -and the City of Lubbock, Texas, a -1 Home Rule Ifun here -
9
in called tTCity" this 19th day of June g 3 cipality, .
WITNESSETH:
The undersigned applicant owner (s) of.the following described parcel of Ij
land not exceeding one acre in-area,,to-wit:; ry
Lot. -71�; -Depauw McLarty Addition
0-r:
C0
Mailing Address: 3306 34th St -
Lubbock Texas
Said tract being situated in the City of Lubbock, Lubbock County-, Texas in compliance
with the Lubbock City Code do hereby makeapplicationforse'wer extension' and service
to said parcel of land and represent that applicant is otherwise unable to -secure such, -
service to said*pa--cel of land-except,-through.deferred pro rata sewer charge payments
which are herieby- declared to be'a rental charge for such service and applicant hereby
elects to pay said pro rata sewer charge as.deferred rental payments in lieu of payment
of the entire 'sew'er pro' rata' charge, and . applicant further represents that the extension
of such service is and would be a valuable improvement to said parcel of land and permit
a better and more sanitary use of said land and upon the City's acceptance of 15% of the
pro. rata payment. chargeable- to said property,, and timely construction by the City of the
sewer -extension -herein contempla,ted,,.I/We fhe undersigned applicant owner (s) thereof do
hereby 'agree as� follows:
(1)..Applicant, jointly and severally, agree and promise's to pay the City of
Lubbock
., at the City Hall in Lubbock,LubbockTexas, a deferred pro rata, for water line
extension $ 161.96- Sewer rental charge foirsSRte
r-jant extension ..in�the.
principal sum of $ 107.97 ,less 15% 40.49 upon the acceptance of
this agreement bythe City and the balance plus cl of $ 229.44 21.16.
fora_
interest fo� balance of $236.83Cd
- in equal payments of 23
$ - 10.00** and •@ 6.83 Each payment being due
and. payable on the first day of each succeeding month hereafter until the baia,nce and
interest, if any, if fully paid, the annual unpaid balance to bear interest at..'the rate
of 6%'per cent per annum until fully paid. Upon failure of applicant to make any
payment -as and when same shall become due, it shall, at the option of the City without
notice, maturelthe indebtedness created hereby; and it shall become at once due and
payable as.to--the balance due to the City, plus a reason -able attorney's fee if collection
is enforced by or placed in the hands of an attorney for collection or enforcement. In
the. event of such default in payment by applicant, the City and/or its agents ,,-servants
or employees are hereby authorized'. without notice to applicant (and applicaJ*1&.k1'!!'XP'X-essly
waives notic�i) '--to disconnect the Bawer se extension serving applicant's parc.611(,byl land ar4-
9
thereafter City shall- be under no duty to furnish sewer service to applica'n-ttg par; --e
of land until "applicant has paid. all monies due to the City as well as the (eost--of
disconnect'ion and reconnection to the City Sewer System as estimated and/62-dietermined
by the City Engineer of. Q �:. qf,TLUbbock. Applicant agrees to at all 's defend,
.. f
• indemnify and otherwise hokq-:,t qj;t-ty, of Lubbock, its agents, servants and''e
harmless of and from jpfs�--.- demands, actions, causes of action ja1tN-)'`
-d e 'stii-t
law and in equity and costs "of whatsoever kind or nature which may grow out
a of
to or in any manner be connected with the making and carrying out of this agreement
including but not limited to the construction, r,,--constructio0.n, maintenance disconnection
connections and/or reconnection of sewer extension to applicant's parcel of land. Payments
made pursuant to this agreement shall be made in -addition to any uniform sewer charge
,which may be imposed or assessed by the City- 'of Lubbock against property owners in the
City of Lubbock,
CD
(2) Anplicant-bereby gives and g'rants' to *the -'-City . an express . contract lie . n upon
said parcel of land and premises and improvements herein provided for the secure payment
of the indebtedness herein created and applicant agrees to the fixing of a mecbanicsiand.
materialments lien upon said parcel of land and 'premises to secure said lndebte'dness until!
said indebtedness is fully paid off and discharged. Applicant hereby, waives inc".Eavor of
said indebtedness all homestead exemption, if any, in any manner pertaining 't6 -',aid. parcel
of land. Applicant hereby authorizes the recording of this instrument-oin the_j.office of
the County Clerk of Lubbock County, Texas','".-