HomeMy WebLinkAboutResolution - 110 - Release Of Water Pro Rata Lien-Bryan & Wildring Edwards-L17 Blk 5 Harlendale Add - 03/22/1979Ik.DGV : hw
RESO. #110 (3/22/79)
tl 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 a
water pro rata lien to Bryan and Wildring Edwards for Lot 17, Block 5,
Harlendale Addition to the City of Lubbock, Texas, 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 this22nd day of March ,1979.
K WEST, YOR
ATTEST:
eael4y4n�Gafga,'City S cry -Treasurer
APPROVED AS TO FORM:
G. Vandiver, Asst`. City Attorney
.� TIED TO'RESO. 41I013/22/79)
'RETURN TO: City Secretary, P. 0. Box 2000, Lubbock, Texas ,Z9457
7986
tH STATE OF TEXAS
COUNTY
KNOW ALL MEN BY THESE PRESENTS:
0 LUBBOCK X
WHEREAS, on the 2nd day of August A.0., 19 62
Bryan & Wi ldring Edwards
3� A of the County of Lubbock. , State of Texas, did execute acknowled
,� ge and
deliver to the City of Lubbock, Texas a certain contractual agreement and lien
3 upon and against certain real property and improvements, if any, thereon, described
- as follows, to-wit:
Lot 17, Block 5, Harlendale Addition
Which said agreement and lien is of record in Volume 117 , on page 305
of the Mechanics Lien Reocrds 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
obligations, 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
Bryan & Wi ldring Edwards
an d7geir Heirs successors and assigns, the contractual lien heretofore
___� _ existiflg-upon the--above--described prem-ises_under__ and by virtue-of the above dessri_bed.__
instrument, and declare such lien-fully released and cancelled.
EXECUTED this 22nd day of March 19 79
THE CITY OF LUBBOCK, TEXAS
8y:
Seal
WEST, -MAYOR
ATTEST:
Approved as to Form:
Ev lyn Gaf ga, City S c ry-Treasurer J6Kn C. Ross, Jr., City Attorney
aar
Northi to Chief Accountant ed:
s g
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 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 for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 22nd day of
Ma rch A.D., 19 79
w Notar Public, Lubboc Co Inty, Texas
eat
VOLIG31 PACE 713
.� :TIED TO RESO. #110:(3/22/79)
THE STATE OF TEXAS .X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK X
WHEREAS, on the 2nd . day of August
A.D. , 19 62
Bryan & Wildring Edwards
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
3' upon and against certain real property and improvements, if any, thereon, described
as follows, to -wit:
Lot 17, Block 5, Harlendale Addition
Which said agreement and lien is of record in Volume 1.17 , on page 305
of the Mechanics Lien Reocrds 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
obligations, 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
Bryan & Wildring Edwards
an t e r 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 22nd day of March 19_1.
THE CITY OF LUBBOCK, TEXAS
By:
IM WEST, MAYOR
ATTEST:
Approved as to Form:
Ev lyn Gaf ga, City S c ry-Treasurer J n C. Ross, Jr., City Attorney
ro ed:
� gt
ar es Northi on Chief Accountant
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 Dirk !%!est
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 22nd day of
March A.D., 19 79
Noot�ar Public, Lubboc�County.Texas
n.
Rind Bry�.bcwaras
r, Account No. (Vernon Ikner),
• GENERAL LEDGER Page No
Account Title y 2 c!
Department
Water Pro Rata Lot 17, Elk. 5, arlendale Add.
MEMO
DATE REFERENCE
DEBIT,
CREDIT
BALANCE
AUG
`
I , 2 at
025-
20.25— AUGir-2,.vo
1.188
141.89
121.6
121.64 SEP
'62 CR .
•
10.0c)—
.111.6 4
111.64 � - OCT
U2 CR
0.00-
101.64
CR 11
61.64 JLKV
MAR •63
63 cR
.4 0.00
61.E
. -13
40'.00—
21.64
C R
SEP t63.
21.64
.D
CITY OF LUBBOCK
LUBBOCK, TEXAS
THE STATE QIP TMS (Form L-9)
CQTJ1aTY QF LF,QCK
KNOW-ALL MEN BY THESE PRESENTS:
�
This application and agreement made and entered into by and between
Bryan & Wildring Edvards herein called "Applicant"
whether one or more, and the City of Lubbock, Texas, a. Home Riile ,Municipality, here-
in called "City" this 2 day of August , 19 62 0
WITNESSETH:
The undersigned applicant owner (s) of the following described parcel of land
not exceeding one acre in area, to -wit:
Lot 17, Block 5, Harlendale Addition
Mailing Address: 2214 - 54th Street
Said tract being situated in the City of Lubbock, Lubbock County, Texas, in compliance
with the I;abbock City Code do hereby make application for 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 sewer charge payments
which are hereby 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 lies^ of -payment .
of the entire sewer 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 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 $ 3 ,350sm
less 15% 20.25 upon the acceptance of
this agreement by the City and the balance of $ 114.75 plus 6% 6.89
interest for a balance of $_121.64 in equal payments of 11 @
$ 10.00 and I -- @ $ ll.b4 Each payment being due
and payable on the first day of each succeeding month hereafter until the balance and
interest, if any, if sully 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 payment by applicant, the City and/or its agents, servants,
or employees are hereby.autherised, without notice to applicant (and applicant expressly
waives notice);, to disconnect the sewer -extension serving applicant's parcel of land and
thereafter City shall be under no duty to" -furnish 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 amd reconnection to the City Sewer System as estimated and/or determined
by the City Engineer of the City of Lubbock. Applicant agrees to at all times defend,
inde=ify 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 grew out of or relate
to or in any ma=rzer be cca+.nected with the making and carrying out of this agreement
including but not limited to the construction, reconstruction, maintenance, disconnection,
connection,:ann/or race notion of sewer extension to applicant's parcel of land. Payments
=de pursuant to this agreement shall be nude in addition to any uniform sewer charge
which may be imposed or assassed by the City of Lubbock against property owners in the
C :tn of Labbock.
:2) Applicant hereby gins 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 i.ndebtedn=ss herein created and applicant agrees to the fixing of a mechanics and
mate ripalmen's Lien cpcn- said parcel of land and prea.ises to secure said indebtedness until
said indebtedness is fnl y paid off and discharged. Applicant hereby waives in favor of
slid indFhtechess all :nom=_s=enc exemption, if any, in any manner pertaining to said parcel
of land. App?ycnt hereby authorizes the recording of this instrument in the office of
the CO=ty Clark of Lubback County, Texas.
(3) This agreement is made subject to all applicable provision of the Lubbock
City Code, Ordinances, Resolutions, and Regulations, with respect to sewer service, ex-
tension, connection, disconnection, reconnection, construction, reconstruction and
maintenance and any other matters related thereto.
-(4) Applicant warrants and represents that no extensions for sewer have been
secured for the deferred pro rata 'sewer rental charge from the City of Lubbock within the
next preceding twelve .month period prior to the date of this 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 APPS D:
MY OF LUBBOCK
BY: APPLI
MANAGE .t,�-
THE STATE OF TEXAS /
COUNTY OF LUBBOCK J(
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County,
Texas; -on this day personally appeared Fritz L.anham,Asst.City Man.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 CITY MANAGER for
the purpose And consideration therein expressed, and in the capacity therein stated,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this�day of
19A.D.
_2/. � .
( SEAL) Y
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS
COUNTY OF LUEBOCK
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 e
(SEAL)
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS
COUNTY OF LUBBOCK j(
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County,
Texas, on this day personally appeared ' Bryan Edirrardsf; , and
uildring , his wife, both known to me to be the persons whose
names are st:bscribed to the foregoing instrument and acknowledged to me that they each
execited the same for the purposes and consideration therein expressed, and the said
Yildring 1 , wife of the said Bryan Ed-smrde
having been examined by zm privily and -apart from her husband and having the same fully
explained to her, she, the said Wildring acknowledged such instrument to
be her act and deed, and she declared that she had willingly signed the same for the
purposes and consid=ration therein expressed and that she did not wish two retract it.
GWEN UNDEE. MY HAND AND SEAL OF OFFICE, This_,�2_day of A.D.
19 k.
(SEAL) Notary Public, Lubbock County, Texas
CITY SECRETARY -TREASURER 762-6411
P. 0. Box 2000
LUBBOCK, TEXAS 79457
March 26, 1979
Lubbock County Clerk
Lubbock County Courthouse
Lubbock, Texas 79401
RE: Lot 17, Block 5, Harlendale Addition
Bryan and Wildring Edwards
RELEASE OF LIEN - Reso. #110 - 3/22/79
Dear Sir:
Please record the attached Release in the Deed Records of Lubbock County
and return to me at your convenience.
Handed to you herewith is $3.00 in cash, the estimated recording fee.
Thank you for your assistance in this matter.
Sinc
erely,
,EVELYN GAFFGA
City Secretary -Treasurer
Enclosure
March 26; 1979
Lubbock County Clerk
Lubbock County Courthouse
Lubbock, Texas fi9401
RE: Lot 17, Block 5, Harlendele Addition
Bryan and Wildring Edwards
RELEASE OF LIEN » Reso. #110 -'3/22/79
Lica Vit, cs
Please record the attached Rel&eac in the Deed Records of Lubbock County
and return to me at your convenience.
Handed to you herewith ls'$3.00 In cash, the estimated recording fee.
Thank you for your assistance In this matter.
Sincerely„
fVELYH GAFFGA
City Secretary -Treasurer
a'
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