HomeMy WebLinkAboutResolution - 351 - Contract - R.E. Jones - Extend Time Of Payment Of A Paving Assessment Lien - 11/29/1979JWF:bs
RESOLUTION 4351 - 11/29/79
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 by R. E. Jones to said City, 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. Said City is
to receive a Street Dedication Deed as consideration therefor.
Passed by the City Council this 29th day of November 1979.
DIRK WEST, MAYOR
ATTEST:
Zwiyn,;Ga fga, City Secre y-
Treasurer
APPROVED AS TO CONTENT:
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Tom Nivens, Right -of -Way Agent
APPROVED
TO FORM:
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STREET DEDICATION DEED
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT R. E. JONES, for and in consideration of the sum of ONE
AND NO/100 DOLLAR ($1.00) and other good and valuable consideration,
to me in hand paid by the CITY OF LUBBOCK a Home Rule Municipal
Corporation, do hereby dedicate to the public for public use
forever and for street purposes, the following described tract of
land situated in Lubbock County, Texas, as more particularly
described as.follows, to -wit:
BEGINNING at a point which is 1,584.00 feet West of the Northeast
corner of Section 15, Block E-2, Lubbock County, Texas;
THENCE East 528.00 feet to a point;
THENCE South 55,00 feet to a point;
THENCE West 21.35 feet to a point;
THENCE North 5.00 feet to a point;
THENCE West 10.00 feet to a point;
THENCE South 5.00 feet to a point;
THENCE West 451.65 feet to a point, said point being the beginning
of a curve in a Southwesterly direction, the radius point of which bears
South 15.00 feet, with a delta angle of 90 degrees and an arc length
distance of 23.56 feet;
THENCE around said 15.00 foot radius curve an arc length distance of
23.56 feet to a point;
THENCE West 30.00 feet to a point;
THENCE North 70.00 feet to the POINT OF BEGINNING.
29,488.29 Square Feet
0.677 Acres
TO HAVE AND TO HOLD this above described premises, together with
all and singular the rights and appurtenances thereto in anywise
belonging unto the said public forever so long as said premises are
used for public street purposes. Said property above described is not
used or claimed as homestead of any kind whatsoever.
WITNESS MY HAND THIS day of
R. E. JON12
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me, the undersigned authority, on.,this day personally
appeared R. E. JONES, 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 the./ -`j, day
Notary public, .�.ubback County, Texas
voi IF74 pas= 301
RESOLUTION 4351 - 11/29/79
CONTRACT TO EXTEND TIME OF PAYMENT OF A PAVING
ASSESSMENT'LIEN'AND PROVIDE'FOR'THE CONTINUED
'VALIllITY'OF SUCH'LIEN IN EXCHANGE FOR STREET
DEDICATION
This agreement made as of the 29th day of November , 1979,
by and between R.E. Jones 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 purpose of this agreement is the extension of time of payment of a
paving assessment created by City Ordinance No. 7843 enacted October 11, 1979,
and filed for record in Volume 1662, Pages 466-505 (inclusive) and particularly
Page 494 therein of the Deed Records of Lubbock County, Texas. This assess-
ment being secured by a lien to pay the cost of paving adjacent to the follow-
ing described tract of land, to -wit:
Beginning at a point which is 1,539.00 feet West and 55.00 feet South of
the Northeast corner of Section 15, Block E-2, Lubbock County, Texas;
Thence East along a line 55.00 feet South and parallel to the North line
of said Section 15, Block E-2 a distance of 483.00 feet to a point;
Thence South 150.00 feet to a point;
Thence West 498.00 feet to a point, said point being 60.00 feet East of
the East line of Tract A, Sh Ri De Heights Addition to the City of Lubbock,
Texas;
Thence North along a line 60.00 feet East and parallel to the East line
of said Sh Ri De Heights Addition a distance of 135.00 feet to a point,
said point being the beginning of a curve in a Northeasterly direction
whose radius point bears East 15.00 feet, with a delta angle of 90% a
tangent length of 15.00 feet and an arc length distance of 23.56 feet;
Thence around said 15.00 foot radius curve an arc length distance of
23.56 feet to the Point of Beginning.
For and in consideration of extension of time to pay off said lien as
above described and on the terms herein set forth, OWNER agrees immediately
upon being requested in writing by City delivered by certified U.S. mail to
OWNER (R.E. Jones) to his last address known by City, to execute and forward
to the City a Dedication Deed on a form submitted by City to OWNER contempor-
aneously with this Agreement, dedicating a strip of land to the City and/or
the Public for use as a public street covering the following described tract
of real estate:
BEGINNING at a point which is 1,584.00 feet West of the Northeast corner
of Section 15, Block E-2, Lubbock County, Texas;
THENCE East 528.00 feet to a point;
THENCE South 55.00 feet to a point;
THENCE West 21.35 feet to a point;
THENCE North 5.00 feet to a point;
THENCE West 10.00 feet to a point;
THENCE South 5.00 feet to a point;
THENCE West 451.65 feet to a point, said point being the beginning
of a curve in a Southwesterly direction, the radius point of which
bears South 15.00 feet, with a delta angle of 90* and an arc length
distance of 23.56 feet;
THENCE around said 15.00 foot radius curve an arc length distance of
23.56 feet to a point;
THENCE West 30.00 feet to a point;
THENCE North 70.00 feet to the Point of Beginning.
29,488.29 Square Feet, 0.677 Acres.
If said dedication deed is not received by City within 30 days after date
of this agreement in form suitable for recordation, then in such event this
agreement may at option of 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 construction
of the paving adjacent and abutting the hereinabove described property, OWNER,
its successors and assigns as owner of such property promises and does hereby
by these presents promise to pay to the City of Lubbock $9,591.48 on or before
the end of the sixtieth (60th) month following the acceptance of the paving
improvements by the City of Lubbock; or when OWNER, his heirs or assigns plats
for development under Article 974A, Vernon's Civil Statutes of Texas, all or
any part of the real estate owned by OWNER, his heirs or assigns which is
adjacent to the tract to be dedicated for street above described and/or which
abuts 82nd St.; or when OWNER, his heirs or assigns, sells all or any part of
such real estate --whichever event of said three events, shall first occur, and
in any event not later than the end of said sixtieth (60th) month after acceptance
of paving improvements by the City.
SECTION III
Should the hereinabove described paving assessment of $9,591.48 on the
hereinabove described property be paid in whole or in part later than the
sixtieth (60th) month following acceptance of the paving improvements by the
City of Lubbock, then the City shall charge and OWNER, his heirs or assigns
agrees and obligates itself to pay six percent (6X) per annum interest from
and after the end of said sixtieth (60th) month on the principal amount of
$9,591.48 so much thereof that remains unpaid.
SECTION IV
OWNER, his heirs or assigns, acknowledges the existence of the paving
assessment lien against OWNER under said Ordinance No. 7843, against the here-
inabove described property; such assessment lien created by City Ordinance No.
7843 and filed for record in the Deed Records of Lubbock County, Texas, in
Volume 1662, Pages 466-505 (inclusive) and particularly page 494 therein, and
enacted on October 11, 1979, and further, OWNER agrees that the hereinabove
described paving assessment lien on the property 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.
OWNER:
R. E. JONES
CITY OF LUBBOCK
DIRK WEST, MAYOR
ATTEST:
tJZxs
Evelyn Gaf ga, City 6edlary-Treas.
APPROVED AS TO CONTENT:
Tom Nivens, Right -Of -Way Agent
APPROV AS TO FORM:
ELI
J. q�th Fullingim, Asst. Cit& Attorney
THE STATE OF TEXAS X
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared R.E. JONES, 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
1979.
(SEAL)
Notary Public, Lubbock County, Texas
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 acknowledged
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 th O��N day dN�
1979.
(SEAT.)
Notary
INN
>Lubbock C6unty, Texas