HomeMy WebLinkAboutResolution - 652 - Release Of Lien - Don L. Funk - Water Pro-Rata, E 62' Lot 7 Block 2 Holmes Add - 11/13/1980JCR:cl RESOLUTION #652 - 11/13/80'
RESOLUTION
I
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 Don L. Funk for Water Pro -Rata, 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 13th
ATTEST:
Evelyn Gaffga, City S&1eWy-Treasurer
APPROVED AS TO CONTENT:
Robert Massengale, F nance Director
APPROVED AS TO FORM:
John C. Ross, Jr., City Atforney
day of November ,1980.
BI McALISTER, MAYOR
RESOLUTION #652 - 11/13/80
THE STATE OF TEXAS §
,10 KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK §
WHEREAS, on the 2.1 day of February, A.D., 1978 , of the County
of Don L. Funk , 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 Pro -Rata described as follows, to -wit:
East 62' of Lot 7, Block 2, Holmes Addition
Which said agreement and lien of record is of record in Volume 168 , on
page 962 , 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 Don L. Funk 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 13th day of
ATTEST:
&"'j
Evelyn Ga fga, Cit3e grtary-
Treasurer
THE STATE OF TEXAS
COUNTY OF LUBBOCK
November , 19 80
THE CITY OF LUBBOCK, TEXAS
BY:
Mayor
APPROVEDFORM:
1ALR.., _
Assistant City Attorney
APP D:
harles Northingon
Chief Accountant
§
BEFORE ME, the undersigned authority, a Nota r Public in a,}d 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, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
u— day of Ocl+CsnA ,
.190
Nota y Public, Lubbock County, Texas
My commission expires�a
W. 1�i` 1 Mo
Q J d� '
THE STATE OF TEXAS Xa V0 ` 169,
KNOW ALL MEN BY THESE PRESENIS: 0.144
COUNTY OF LUBBOCK X
This application and agreement made and entered into by and between
(Donald)
Don L. Funk (sinstle) herein called "Applicant" whether
one or more and the City of Lubbock, Texas, a Home Rule Municipality, herein'called "City"
this 21st day of February 19 78
WITNESSETH: _
The undersigned applicant owner (s) of the following described parcel of land
not.exceeding one acre in area, to -wit: East 62' of Lot 7, Block 2, Holmes' Addition
Mailing Address: 507 East Quinn Street
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 exten-
sion of such service is and would be a valuable improvement too 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 City Hall in Lubbock, Texas, a deferred pro rata, for water line extension
$ 248.00
$ , less 157. $37.20 upon the acceptance of this agreement by the
City an the balance of $ 210.80 plus 6% $18.84 interest for a balance of
$ 229.64 in equal payments of 22 @•$ 10.00 1 and One
@ $9.64 . Each payment being due.and payable on the first day of each succeeding
month hereafter, until the balance 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 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 col-
lection 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 applicant -expressly waives notice), to disconnect the water or sewer extension serving
applicant's parcel of land and thereafter City shall be under no 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, dis-
connection, connection, and/or reconnection of water or sewer extension to applicant's
parcel of land, Payments mane 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 mater-
ialsman lien upon said parcel of land and.premises to secure said indebtedness until said
indebtedness 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 $PJ59.
Pro Rata Contract No.
T -9404-,t
���
(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 -extension 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 LUBBOCK 1' .
i t ^Pr ` (1 r-,�•� APPLICANT:
ADMINISTRATIVE -ASSISTANT s�2.��;�%�
TO LUBBOCK CITY MANAGER
THE STATE OF TEXAS X Ernest J. Bradbury
COUNTY OF LUBBOCK X
• BEFORE HE, the undersigned authority, a Notary Public in and for Lubbock County,
Texas,.on this day personally appeared Bess- , known to me 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 con-
sideration herein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Z�&t day of
A.D. 19_2&_.
(SEAL)
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County,
Texas, .on this day personally appeared Donald T._ n1my- (a4naTe) 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 21At day of_geb,-t,= ,
A.D. 19 78
(SEAL)
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
Notary Public, Lubbock County, Texas
Ernast J. Bradbury
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County,
Texas, on this day personally appeared and ,
his wife, both known to be the persons whose names are subscribed to the foregoing instrumen
and acknowledged to me that they each executed the same for the_purposes and consideration
therein expressed, and the said wife of the said
having been examined by me privily and apart from her husband and
having the same fully explained to her, she, the said 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 UNDER MY HAND AND SEAL OF OFFICE, this day of
A.D. 19
(SEAL) .
Notary Public, Lubbock County, Texas
3AD
CITY OF LUBBOCK
MEMO
TO: Robert Massengale, Finance Director DATE: October 23, 1980
FROM: Charles Northington, Chief Accountant
SUBJECT: Agenda Item: Consider release of Water Pro -Rata lien in favor of
Don L. Funksin4 e
In accordance with contract agreement T -9404-W in the
amount of $266.84, (see attached), the City needs to
release the lien against the porperty. The contract
has been fully paid and satisfied to the City.
recommend the City give the release as requested.
SM&EC
I-2-4