HomeMy WebLinkAboutResolution - 120860F - Release Of Paving Lien - J.D. Davis Subdivision - Happy Homes Addition - 12/08/1960HLA4
dc
RESOL UTION
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE; FOR THE
CITY OF LUBBOCK3, TEXAS A RELEASE OF PAVING LIEN UPON LOT 3,
BLOCK 6, Ji Di DAVIS SUBDIVISION OF THE HAPPY HOMES ADDITION TO
THE CITY OF LUBBOCK* TEXAS.
WHEREAS, by Ordinance No. 1908, passed on final reading June 140 1956,
a cloud on the title of the homestead of Dellmer F. Tannery, in the nature of a
purported lien was created; and
WHEREAS, it appears,, by affidavits submitted, that the property upon
which such cloud of title was created2, to -wit: Lot 3., Block 6, J. D. Davis Sub-
division of The Happy Homes Addition to The City of Lubbock, Texas, was, in
fact, the homestead of said Dellmer F. Tannery and that no written instrument.,
was ever executed by said Tannery and wife fixing a legal lien on said property;
and
WHEREAS3, it is expedi ' ent and to the best interest of The City of Lubbock,
Texas and the present owner of said property that the cloud be removed from
said property and that the purported lien be released; NOW THEREFORES,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
THAT the Mayor be and he is hereby authorized to execute a release of
the lien as limited to the specific property described herein.
Passed by the Commission this 8tbT! day of December# 1960.
D-
AVID C. CASE 'o
ATT_poroved
Lave ii Lowe.
ty Sec terry -Treasurer -'-I, City Atternaz
CITY OF LUBBOCK
MEMORANDUM, inter Office
TO: Lavenia Lowe, City Secretary Date December 12, 1960
FROM: Fred O. Senter, Jr., City Attorney
SUBJECT: Release of Paving Certificate and Supporting Resolution
The attached is the Release of Paving Lien per Item 34 of the last City
Commission Agenda. Please have the original and a copy of the Resolution
executed by the Mayor and return to our office when executed.
FOS :wg
Attached
W
FREb O, 5ENTETR, JR.,
City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK I
WHEREAS, on the 14th day of dune, 1986. the City of Lubbock, Texast
a municipal corporaion. passed Ordinance No,, 1908 which was an Ordinance
closing hearing and levying assessment for street pavement, including in
said assessment property of Dellmer F. Tannery, toowits Unit: 1830-13
Lot 3. Block 6# J. D. Davis Subdivision of the 1%ppy Homes Addition to
The City of Labbock. Lubbock County, Texas* said property abutting and
adjacent to the proposed street improvements as set forth in sai¢ Ordinance
No. 19081 and
WHEREAS# said Ordinance No. 1998 contained a notice of the proposed
improvements and act apportionment of the casts of such improvements by
assessing a lien upon property abutting thereon, including the property of
Filmer F. Tannery as hereinabove describedl and
WHEREAS, in such Ordinance there was expressly provided a paving
assessment for the proposed improvements sssl.s set forth therein to which
Ordinance reference is made for all perticularsi and
WHEREAS. such !Ordinance created and affixed for assessment A lien an
said Lot 3, Block 6, J. D. Davis Subdivision of theFg�t Homes Addition
to the City of Lubbock, Texas, but in fact and in law no lien was attached
to said property by virtue of the fact that same constituted the homestead of
Dellmer F. Tannery and wife as shown by the statement and affidavit presented
to the City Commission of the City of Lubbock: sand
WHEREAS# it is expedient that such purported lien be released of record
as to the propertydescribed hereinabove in order that the cloud be removed
from said property; NOW THEREFOREs
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Lubbock, Texas, a municipal corporation, by and through
its officers duly authorized in consideration of the foregoing premises, does
hereby release, relinquish, and forever quit claim to the owner or owners
Including Dellmer F. Tannery, heirs and assigns. any lien by reason 'of said
Ordinance No. 1908 or any purported paving assessment on said Lot 3, Block 6,
1. D. Davis Subdivision of the Happy Homes Addition to the City of Lubbock,
Texas, and hereW release all right, title and interest said City of Lubbock,
Texaso may have i
' THE STATE OF TEXAS
COUNTY OF LUBBOCK �
13EFOR ME, the 11► udesigned authority
a Not&CY Publics in and for said
esraooall appeared DAVID C. CASEY, known to me
County. Texas, on this day p y pP
io, be the person �wh+�se name ' 8 u he the fact end instrumentGregOinLed of he TY' OF
*6*ledged to me tbAt he executed the same a
jtOUBBOCKand es MAYOR, jo r the purposes land consideration therein �ea�gre�ssed
s,�d in the capacity therein stated.,
C"slY�t
R MY` HAND AND SEAL OF CFFICEM
UNDERthis�'�elr ai
o� . : 1960. ,