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Home My WebLink AboutResolution - 451 - Contract - WEZY, Inc. - Regarding Paving Assessment Lien, Portion Of 82Nd St - 03/27/1980RESOLTUION #451 - 3/27/80 :pg *SP, RESOLUTION 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 Contract to Extend Time of Payment of a Paving Assessment Lien and Provide for the Continued Validity of Such Lien in Exchange for Street Dedication, 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 27th day of March ,1980. `0�dbPW-�" D WEST, MAYOR ATTES-T : :'Evelyn Gaf �4, amity_ Sic o -Treasurer APPROVED AS TO CONTENT. Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: r J. Wor Fullingim, Asst. Ci Attorney RESOLUTION #451 — 3/27/80 t • Q f aj �d�o fi�'� 1♦ CONTRACT TO EXTEND TIME OF PAYMENT OF A PAVING ASSESSMENT LIEN AND PROVIDE FOR THE CONTINUED VALIDITY OF SUCH LIEN IN EXCHANGE FOR STREET DEDICATION This agreement made as of the 27th day of March, 1980, by and between WEZY, INC., acting by and through its undersigned officers hereunto duly authorized, herein called "OWNER", and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality located in Lubbock County, Texas, acting by and through its Mayor, herein called "CITY", said agreement becoming effective upon execution by both parties hereto. WITNESSETH: SECTION I. SUBJECT MATTER OF TRANSACTION The extension of time of payment of a paving assessment created by a City Paving Assessment Ordinance No. 7843 finally passed by City Council of City of Lubbock on October 11, 1979, and filed in the Deed Records of Lubbock County, Texas in Volume 1662, Pages 466-505 (inclusive). This assessment is secured by a lien to pay the cost of paving of 82nd Street, and curb and gutter adjacent to the following described tract of land, to -wit: "TRACT A" BEGINNING at a point which bears North 0°02'46" East 65.00 feet and North 89°59'40" East 105.03 feet from the Southwest corner of Section 11, Block E-2, Lubbock County, Texas; Thence North 89°59140" East 100.97 feet to a point, said point being the Southwest corner of Lot 1, KFYO Addition to the City of Lubbock, Texas; Thence North 0°02'46" East along the West property line of said Lot 1, KFYO Addition a distance of 150.00 feet to -a point; Thence South 89°59'40" West a distance of 131.00 feet to a point; Thence South 0°02'46" West 119.97 feet to a point, said point being the beginning of a curve in a southeasterly direction whose radius point bears South 89°57114" East 30.00 feet; with a delta angle of 90003'06", a tangent length of 30.03 feet and an arc length of 47.15 feet; Thence around said 30.00 foot radius curve to the left an arc length distance of 47.15 feet to the POINT OF BEGINNING. For and in consideration of extension of time to pay off said lien assessed as above described and on the terms herein set forth, OWNER agrees immediately to execute and deliver to the City a Dedication Deed (on form submitted to OWNER by CITY) dedicating a tract of land to the City and/or the Public for use as a public street (to form a part of 82nd Street) covering the following described real estate: "TRACT B" BEGINNING at a point at the Southwest corner of Section 11, Block E-2, Lubbock County, Texas; Thence North 89°59'40" East 206.00 feet to a point; Thence North 00°02'46" East 65.00 feet to a point; Thence South 8959140" West 100.97 feet to a point, said point being the beginning of a 30 foot curve in a Northwesterly direction whose radius point bears North 00°00'20" West 30.00 feet and having a delta angle of 90°03'06" and having an arc length of 47.15 feet; Thence around said 30.00 foot curve in a Northwesterly direction an arc length of 47.15 feet to a point; Thence South 89°59'40" West 15.00 feet to a point, said point being in the East line of previous street dedication recorded in Volume 1184, Page 243 of the Deed Records at the Lubbock County Courthouse, Lubbock, Texas; Thence South 00002'46" West along East line of said previous dedi- cation a distance of 55.91 feet to a point; Thence South 89057'00" West along the South line of said previous dedication a distance of 60.00 feet to a point; Thence South 00002'46" West along the West line of Section 11, Block E-2, 39.12 feet to the point of BEGINNING. If said Dedication Deed is not received by City within 30 days after date of this agreement in form suitable for public recordation, then in such event this agreement may at option of the City be declared null and void, and no longer of any force or effect. SECTION II. For and in consideration of the City of Lubbock paying for the construc- tion of said paving on 82nd Street and curb and gutter improvements in the amount of $4650.50, adjacent and abutting the hereinabove described remaining property, OWNER, its successors and assigns, as owner(s) of such remaining property, promise and do hereby by these presents promise to pay to the City the cost of such paving and curb and gutter assessed against OWNER on or before the end of the sixtieth (60th) month following the acceptance of the paving and curb and gutter improvements by the City of Lubbock. SECTION III. Should the hereinabove described paving assessment lien created on said Tract A be paid in whole or in part later than the sixtieth (60th) month following acceptance of said paving and curb and gutter improvements, then the City shall charge and OWNER, its successors and assigns, agree and obligate itself or themselves to pay six percent (6%) per annum interest from and after the end of said sixtieth (60th) month on the principal amount due or so much thereof that remains unpaid until paid in full. SECTION IV. OWNER, its successors and assigns, acknowledge the validity of the paving assessment lien created against said Tract A in the amount of $4650.50 for said paving and curb and gutter. OWNER agrees that the paving assessment lien on said Tract A and as described in said Ordinance shall remain valid, and this agreement shall in no wise be construed as a waiver or release by the City of Lubbock of said lien but same shall remain as security for this agreement and have the same force and effect as though a paving certificate were issued under the terms of the above described Ordinance. Executed by the parties in duplicate originals as of the date first written in this agreement. ATTEST: WEZY, INC. BY: CORPORATION SECRETARY TED H. TAYLOR, PRESIDENT AT -TEST: _ CIT _.QF LUBB -� BY: fl V1VIVWWM Q Evelyn Ga fga, City S tary-Treasurer 1tK WEST, MAYOR APP VED S TO CONTENT: i '7 l Don 'J nings ity Engineer APPRO ED AS TO FORM• J. Wcfrh Fullingim, Asst. City Atto'VT,ley THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared TED H. TAYLOR, President of Wezy, Inc., a Corporation, known to me to be the person whose name is sub- scribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and as the act and deed of said corporation, in the capacity hereinabove stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1980. Notary Public, Texas My commission expires: County, THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DIRK WEST, known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK, and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated.. � GIVEN UNDER MY HAND AND SEAL OF OFFICE this;p day of fNfd 1980. qNotay Pub c, Lubbock`ounty, �Texas My commission expires :` `k', b - b