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Home My WebLink AboutResolution - 111060B - Release Of Apparent Lien Arising Under "Contract And Dedication" - Leftwiches - 11/10/1960JPB: c ti y RESOLUTION BE IT "SOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor BE and he is hereby authorized and directed for and on behalf of the City of Lubbock to execute the attached "Release", to which reference is here made for all purposes: rieleasing discharging and extin- guishingany lien or liens arising under that "Contract and Dedication" instrument dated April 27, 1959, and recorded in Volume 743, Page 113 of the Deed Records of Lubbock County, Texas. Passed by the Commission this 10th day of November 1960. 40 DAVID C. CASEY-; Z or_ ------ ATT A fo `J�---._----_—_-- City ;•.�torn_y Lav nia',Lowe, ity Secretary -Treasurer CITY OF LUBBOCK MEMORANDUM, Inter Offlee ohn T. Hickerson, City Engineer Date October 26, 1960 FROM: James P. Brewster„ Assistant City Attorney SUBJECT: RELEASE OF APPARENT LIEN Attached is release and resolution authorizing Mayor to execute same, cal- culated to extinguish any lien which may have arisen under our "Contract and Dedication" agreement with the Leftwiche s. Please get the Leftwiches to sign and get this on our agenda. Q'IAM�Ee. REWSTER,�' Assistant City Attorney JPB: do Attached W 9" �. THE STATE OF TEXAS j COUNTY OF LUBSOCK ` RELEASE' WHEREAS, by instrument dated April Z79 1959• entitled "Contract and Dedication". and executed by A. M. LEFTWICH, JR.., J. R. LEFTWICH and K. D.LEFTWICH# as ""OWNERS"'an:d the City of Lubbock', a Horne Rule Municipality located in Lubbock Coin, 'Texas, as "CITY". has heretofore been executed by the undersigned, said "Contract and Dedication" being re•' corded May 16o 1959 in Volume 743, Page 113 of the Deed Records of Lubbock County, Texas, to which reference is made for all purposesand WHEREAS# such "Contract and Dedication" constituted a dedict►tion'to the City of Lubbock and the public use forever to be used as a public street and for street purposes of three separates parcels of land therein more fully' described, such dedications to be in no way effected by this instrument; and WHEREASt such "Contract and Dedication" contained the agreement. by the City to let and award a contract for paving and curb and gutter: improve- ments on 50th Street from Gary to Indiana Avenue: to be completed during the calendar year sof 1959# and th let and award contracts for paving and curb and, gutter improvesnente on 58th Street from Indiana Avenue to Geneva Avenue; and WHEREAS such "Contract and Dedication" further contained the agree- ment by "OWNERS" would pay to "CITY" an amount which would pay for one- half the paving cost of a 36 foot wide strip of paving (irrespective of whether said strip as actually paved is 36 feet wide or in excess of 36 feet in width) I. on each of such paving projects as described in the preceding paragraph, and ""OWNERS"" further agreed to pay all costs of curb and gutter on the Southside of said 50th Street project and all costs of curb and gutter can the forth aide of said 58th Street project; and such "OWNERS" further agre:eding that -as and when any contract was let and awarded bythe City Commission for paving and/'or curb and"gutter improvements on any portion.of Indiana Avenue which lies between 50th and 58th Street&r *aid owners would pay for one-half of paving costs under the same Limitations and conditions imposed on the two prior projects above: describedsland would further pay for all curb and gutter improvements on the: East side of Indiana Avenue within such latter project; ands WHEREAS, the possibility that such agreements may bre so con-dtrued iso as to have given rise to an apparent lien upon other adjacent property owned by "OWNERS" in the:' vicinity 'of the property actually involved in such street paving and/or curb and gutter projects; and, WHEREAS, it is the desire of the parties hereto to remove auy cloud which`may have, been placed upon any title by said "Contract and Dedication" instrument; and. WHEREAS, all street paving and curb and gutter improvements required or contemplated by such instrument have been entirely perfoxmed and completed, and whereas as payments required or contemplated from "OWNERS" -by said in- strument have been heretofore made in full to the City of Lubbock, NOW THERE- FORE, KNOW ,ALL MEN BY THESE PRESENT'S: THAT WE, A. M. LEFT"WICHt. JR., J. R. LEFTWICH and K. D. LEFTWICHt jointly and seveerallyt and the CITY OF LUBBOCK, acting here- in through its Mayor to heretofore duly authorized by Resolution of the City Commission of said Cay of Lubbock, Texas, in consideration of the promises and other good and valuable consideration, have this day, and do by these pre- sent*, RELEASE, AISCHARGE,, EXTINGUISH and QUITCLAIM to each other, their heirs or 'succesrsorss and assigns,,and to all other whose property is or may be affected thereby, any and all lie~nss, real, ' apparent or implied, which may have been created by that certain "Contract and Dedication" Instrument dated April 17, 19.59, executed by the undersigned,, and 'recorded in Volume 743, Page ;113 of the Deed Rsxeords of Lubbock County,, Texas,' to which re- ference is here :made for all purposes, and "we do declare such lien or liens fully released and cancelled. l -- PROVIDED however, that this "Release" shall never in any way be con- strued as acting the dedications to the City of Lubbock and the public use for- ever to be used as a public street and for street purposes of the three parcels of land more particularly described by metes and bounds in such "Contract and Dedication" instrument. This release is executed in Lubbock, Texas, thisM., 2&, day of,�,�.,,, 1900. OWN"S ivv sez ..... ws• ,/ f• w.r CI Y CITY OF, LUBBOCK A . `CASEEY,, yor ATTEST: avenin Lowe, Xity secretary -treasurer THE sTATE OF TEXAS COUNTY OF LUBBOCK } BEFORE ME j the undersigned authority# &,Notary Public in andlor Lubbock County. Texas, on this day pars' naUy, appeared A. M..Leftwich, Jr.', known to one to be the person whose name is subscribed to the foregoing instrument, and acknow- Iedged 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� .rare 1960. (SEAL) ......�._......� -- Notary Publie, Luhb ck County. 'i'euae THE STATE OF TEXAS (. COUNTY OF LUBBOCK BEFORE I+ E, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared J. R. Leftwich, 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 expresse( .GIVEN UNDER. MY HAND AND SEAL OF OFFICE this„„., ,day of 2,a�. 1960. (SEAL) Notary otary Public, Lubbock County, Texas THE STATE -OF TEXAS D -C:QUNT,YEBF LUBBOCK [ BEFORE SIE, the undersigned authority. a Notary Public in and for Lubbock County, Texas, on this day personally appeared K. D. Leftwich, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to the that he'executed the same for the purposes and consideration therein expresser GIVEN UNDER, MY HAND AND SEAL:OF OFFICE THIS .,&t of.,�; „�/�;. 1960. Lub , exas Rota r Public, Y Y THE STATE OF TEXAS COUNTY OF LUBBOCK � BEFORE ME, the undersigned authority, a Notary PublicAn and for Lubbock County, Texas, on this day personally appeared DAVID C. CASEY, khoparto me to be the persoa whose name is subscribed to the foregoing instrumeAt and acknowledged to me that he executed the same ssthe 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.____ day of 1960. {SEAL.} ..,....,... ..,..:»:...,..,....: ...,.» _......,.._. ...�_............. ary 'ublic� Ltisb 0C: +*ounty, `xt`exas October 27, 1960 Rayf Ord BalI Room 208 Wrick Building Lubbock, Texas Dear Sir: Please find the enclosed Paving Release instrument and copies to be executed by the owners and returned to the City Engineering Department for City Commissionaction author- isaing the Ayor to sign. Very truly yours, Emory V. Potts Office Engineer