HomeMy WebLinkAboutResolution - 632C - Release Of Lien- Averys- Water & Sewer Pro-Rata, Lot 3 Block 1 Trigg Heights Add - 10/09/1980JWF:bs
RESOLUTION
RESOLUTION #632-C - 10/9/80
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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 Lee W. Avery and wife Bewla Avery 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.
ATTEST:
Evelyn Gaiffga, City a y -Treasurer
APB=ED AS.TO CONTENT:
Charles NortngtoW Chief Accountant
APPROVED AS TO FORM:
Iff OAK A& 1AAr
h Fullingim, Asst. City Xtra
ney
ii
BILL McALISTER, MAYOR
RESOLUTION #632-C - 10/9/80
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
i WHEREAS, on the 10th day of August,.A.D., 1967, Lee W. Avery and wife
Bewla Avery 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:
NE 100' of Lot 3, Block 1, Trigg Heights Addition, Lubbock,
Lubbock County, Texas.
Which said agreement and lien of record is of record in Volume 138, on page 285,
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 James W. Avery and wife Bewla Avery and
their 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
ATT ST:
E lyn Gaf ga, City e ary-
Treasurer
THE STATE OF TEXAS
COUNTY OF LUBBOCK
THE CITY OF LUBBOCK, TEXAS
BY:
Mayor
APPROVED AS TO FORM:
0
.11 -
J. /itant
th Fu lingim,
As City Attorney
APP D:
Charles Northington /
Chief Accountant
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock
_County, Texas, on this day personally appeared BILL McALISTER, 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 day of ,
19�.
Notary Public, Lubbock County, Texas
My commission expires S DU
Vol. 1710, Pct)e- 3 Al
TIHE STATE OF TEXAS'
.7
4 Q
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK Q
This application and agreement made an entered into by and between
Lee W. Avery and wife Bewla Avery. herein called "Applicant"
whether one or more and the City of
herein called "City" this 10th
Lubbock; Texas, a•Home Rule Municipality,
day of'August 1967
WITNESSETH: '
The undersigned applicant owner (s) of the following des1tribed parcel
of land not exceeding one acre in area, to -wit:'
NE 100' feet of Lot 3, Block 1
Trigg Heights Addition_
Mailing Address: Rt. 6, Box 542
Lubbock, Texas
Said tract being situated in the City of Lubbock Lubbock County, Texas in Compliance
with the Lubbock City Code do hereby make application for water or sewer extension and
service to said parcel of land and represent that applicant is otherwise unable to secure
such service to said parcel of land except through deferred pro rata water or sewer
charge payments which are hereby declared to be a rental charge for such service and
applicant hereby elects to pay said pro rata water or sewer charge as deferred rental
payments in lieu of payment of the entire water or sewer pro rata charge and applicant
further represents that the extension of such service is and would be a valuable im-
provement 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 water or sewer extension herein contemplated,
I/We the undersigned applicant owner (s) thereof do hereby agree as follows:
(1) Applicant, jointly and severally, agree and promises to pay the City of
Lubbock, -at the Citi Hall in Lubbock, Texas, a deferred pro rata, for water line extension
$ 225.00
less 15% 33.75 „ upon the accetance of this agreement
by the City and the balance of $.:.:191.25 plus 6% 16.a intefest for a
balance of $ 202.69 in equal payments of' 20 @ $ 10.00
and 1 $ 7.69 Each payment being due and payable on
the first day of each succeeding month hereafter until the balance and in Brest, 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 such payment as and
when same shall become due, it shall, at the option of the City without notice, mature.
the indebtedness created hereby; and it shall become at once due and payable as to the
balance due to the City, plus a reasonable 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 payfnent by applicant, the city and/or its agents, servants, or employees
are hereby authorized,without notice to applicant (and applicant expressly waives notice),
to disconnect the water or sewer extension serving applicants' parcel of land and there-
after City shall be under not duty to furnish water or sewer service to applicant's
parcel of land until applicant has paid all monies due to the City as well as the cost
of -disconnection and reconnection to the City Water or Sewer System as estimated and/or
determined by the City Engineer of the City of Lubbock. Applicant agrees to at all times
defend,indemnify and otherwise hold the City of Lubbock, its agents, servants and
employees harmless of and from any and all claims, demands, actions, causes of action, suits
at law and in equity and costs of whatsoever kind or nature which may grow out of or relate
to or in any manner be connected with the making and carrying out of this agreement
including but not limited to the construction, reconstruction, maintenance, disconnection,
connection, and/or reconnection of water or sewer extension to applicant's parcel of land.
Payments madq pursuant to this agreement shall be made in addition to any uniform water
or sewer charge which may be imposed or assessed by the City of Lubbock against property
owners in the City of Lubbock.
(2) Applicant hereby gives and grants to the City an express contract lien 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 mechanics and
materialmen's lien upon said parcel of land and premises to secure said indebtedness until
said indel,redness is fully paid off and discharged. Applicant hereby waives in favor of
said indebtedness all homestead exemption, if any.; in any manner pertaining to said parcel
of land. Applicant hereby authorizes the recording of this instrument in the office of
the County Clerk of Lubbock County, Texas, and further agrees to pay the filing fee of $2.50.
Pro Rata Contract No. T -6922-W
(3) This agreement is made subject to all applicable provision of the Lubbock
City Code, Ordinances, Resolutions, and Regulations, with respect to water or sewer
service, extension, connection, disconnection, reconnection, construction, reconstruction
and maintenance and any other matters related thereto.
(4) Applicant warrants and represents that no extensions for water or sewer
have been secured for the deferred pro rata water or sewer rental charge from the City of
Lubbock within the next preceding twelve month period prior to the date of the agreement.
This agreement and all obligations hereunder shall be binding upon applicant and the
successors,'heirs, assigns and occupants of applicant.
(5) If there are any other encumbrances except taxes against said parcel of
land, the Applicant shall, if possible, if requested to do so by City, secure from the
holder of said encumbrance a subordination of said encumbrance to the lien created by
this agreement.
EXECUTED BY THE PARTIES HERETO AS OF THE DATE FIRST ABOVE WRITTEN
ACCEPTED AND APPROVED: _
CITY OF !:UB OCK
BY: APPLIC
ADMINISf4ATIVE ASSISTANT
TO LUBBOCK CITY MANAGER Z."e ---
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 appeared Hayden Routh , known to to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same as the act and deed of the CITY OF LUBBOCK and for the purpose and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE
A.D. 19�_.
(SEAL)
-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 appeared , 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 consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,'this day of , A.D.
19
(Seal)
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME; the undersigned authorit
$ y, a --Notary Public in and -for Lubbock County,.....
Texas, on this day personally appeared_ Lee W. Avery , and
Bewla Avery his wife, both known to be the persons whose names
are subscribed to the foregoing instrument and acknowledged to me that they each executed
the same for the purposes and consideration therein expressed, and the said
Bewla Avery , wife of the said Lee'W. Avery having been
examined by me privily and apart.from her husband and having the same fully explained to
her, she, the said Bewla Avery acknowledged such instrument to be her act
and deed, and she declared that she had willingly signed the same for the purposes and
consideration therein expressed and that she did not wish to retract it.
GIVEN UDDER MY HAND AND SEAL OF OFFICE, this day of , A.D
19 Notary Public, Lubbock County, Texas
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