HomeMy WebLinkAboutResolution - 031354A - Agreement Repudiated By Fronia S. Johnson, 4Th Street Highway Project - 03_13_1954 R E S 0 L U T I 0 N
W H E R E A S, on March 3, 1954, at a called meeting of the City Commission
in the, City Hall at Lubbock, Texas, FRONIA S. JOHNSTON,, a feme sole, submitted a
written proposal to the City Commission for a conveyance, exchange and quit claim
of certain lands in which the said FRONIA S. JOHNSTON claims some right, title and
interest, all as set out in said proposal and after having considered said proposal,
3 the City Commission conditionally accepted the same, such conditions being
accepted and approved by FRONIA S. JOHNSTON in writing under date, the 4th day of
March, 1954, the Proposal, conditional acceptance and approval of such condition
constituting the full agreement between the parties being of record in the City
Commission Minute Book 12 at Page 387; and,
W H E R E A S, following the time the agreement hereinabove mentioned
was entered into by said parties, FRONIA S. JOHNSTON made a demand of the City for
(1) ten (10) smalltnuses rather than the agreed seven (7) small houses which were
to.have been moved on the property to have been conveyed, to FRONIA S. JOHNSTON
under the terms of said agreement for barns and (2) the said,FRONIA S. JOHNSTON
further demanded that the City do away with and otherwise remove ,a storm sewer
drainage easement which runs more or less east and west across the south part of
~'~ said tract-of land to have been conveyed to her under said agreement, contrary
to the terms and express provisions of said agreement, the said drainage easement
having been expressly mentioned and agreed to have been reserved by the City
rom said conveyance and also being shown and designated on a plat of the property
attached to said Agreement approved in writing by the said FRONIA:S. JOHNSTON;and,
W H E R E A S, at a called meeting of the City Commission at City Hall
on the 13th day of March, 1954, the said FRONIA S. JOHNSTON appeared before the
Commission in person µ and presented the above stated demands and declared that she
ould 'not go through with and perform said agreement unless the City `of, Lubbock
et and complied with the demands set forth above outside of and contrary to
e written agreement as of record as aforesaid; and,
W H E R E A S., the City Commission finds that upon the basis of the
eclared intentions and repudiation of said agreement by FRONIA S. JOHNSTON that
't would be in the best interest of the public to abandon said written agreement
rather than toiseek specific' performance'thekeof through legal process, and instead,
attempt to retogotiate a settlement of the controversy upon which said agreement
s based and 1f necessary, institute proceedings under the Cityts powers of
=inent domain for the acquisition of the said FRONIA S. JOHNSTON'S interest in that
:)art of the property described in said Proposal,,needed immediately for right-of-way
urposes; N 0 f: T H E R E F O R E,
E IT RESOLVED BY THE CITY COIVIISSION OF THE CITY OF LUBBOCK:
�., THAT the written agreement entered into by and between the CITY OF LUBBOCK
nd FRONIA.S..JOHNSTON of record in the City Commission Minute Book 12, Page 387,
o which.reference is here made for all purposes.. said written agreement having been
repudiated by the said FRONI.A S. JOHNSTON, is hereby abandoned by the governing boxy
of the CITY OF LUBBOCK, such agreement to be of no further force and effect and to
be hereafter in. all things held for naught.
THAT the right-of-way agent for the CITY OF LUBBOCK is hereby authorized
and directed to have an appraisal made by the Lubbock Real Estate Board's Appraisal
Committee to ascertain the value of the property and improvements situated within
the area needed for right-of-way purposes for the new 4th Street multi-lane
highway to be constructed by the State Highway Department, and also, appraise the
value of the entire property in which the hereinabove 'mentioned FRONIA S. JOHNSTON
claims any interest, title or right.
On: motion of Commissioner Davis , seconded by Commissioner
Carpenter , the foregoing Resolution was passed on this the 13.tL
day of March , 19549 by the following vote:
Commissioners voting "YEA": Carpenter$Davis,Thomas & Mayor Tripp
Commissioners voting "NAY"a None
TTEST:
venia Lowe, tGijtyi;ec4rery-Treasurer
:gf
-17-54
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