HomeMy WebLinkAboutResolution - 092255B - Settlement Agreement - A.T. Wacasey - Lots 1 To 10, Wacasey Addition - 09_22_1955 Cq
CITY ORIGINAL
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IT RESOLVED by the City Commission of the City of Lubbock,
a Municipal Corporation, that the Honorable Murrell R. Tripp, Mayor,
be and he is hereby authorized and directed to execute, in the name
and on the behalf of said City, that certain Settlement Agreement
with A. T. Wacasey and wife, Vera W. Wacesey, settling and compromis-
ing Cause No. 19483 pending the 99th Judicial District Court of
Lubbock County, Texas+ Which Settlement Agreement is here now be-
fore the Commission and is in all things approved, adopted, ratified
and confirmed as the act and deed of the City of Lubbock.
Is Lavenia Love, City Secretary of the City of Lubbock, do
hereby certify that the above and foregoing is a true and correct
copy of a RESOLUTION duly passed by the City Commission of the
City of Lubbock, at a regular meeting hereof, to certify which
I hereunto sign my name and Effix the Beal of said City, this,
the 2 Z day of September, A. D., 15+55.
Laveni8 Lowe C ty 6ecre ary
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,TT A{3AFsSMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
WHEREAS, there is pending in the District Court of Lubbock
County, Texas, 99th Judicial District, a certain Cause 190e 19463
on the docket of said courto styled "A. To Wacasey, et al Vs City
of Lubbock, et al", in which said cause the undersigned, Ae To
Wacasey and wife, Vera We Wacasery, are Plaintiffs# and the City of
Lubbock, a Municipal Corporationt of the State of Taxes, is one of
the Defendants, and said parties desire to settle and compromise
the matters in controversy between them in said suit; and
idHHBuAS' the City of Lubbotk wishes to purchase from the
said Ae To Wacesey and vifeb, 'der*;ire k'ucssey, the lands hereinafter
referred tit for the price Wtpga t &:Urma hereinafter provided,
and the said A. Te Wacasey and wife$ Vora W. Waceseys are willing
to sell said lands to the said Defendant, as hereinafter provided;
NOW, 'THEREFORE, ITC COYSIMRATION OF THE PREMISES, and the
mutual covenants and agreements herein contained, the parties here-
to have agreed and do hereby agree av rollovs:
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The City of Lubbock agrees that the Plat hereto attached,
marked Exhibit 19 delineating Lot Sos. One (1) to Ten (10) In- ,
elusive, of the Wacasey Addition to the City of Lubbock, wiA.l be
given final approval when the area delineated on said Plat has
been filled to the extent necedcary to raise the same above the
theoretical high water mark indicated cyn,the plat hereto attached
and marked Exhibit 24 The City of Lubbock agrees that all require-
menre relative to paving, installation of water and sever$ and
installation of street lights, wi11 be waited, and that when the
other requirements of Ordinance 1331 htive been m►et, said final
approval will be granted.
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The City of Lubbock will make available to the said A. T.
Wacasey and wifel for the purpose of making said fill and the fill
on the 5-acre Wacasay hone place] earth from the ten acres of land
adjoining the said A. T. Wacaseyts home place on the North, which
said City of Lubbock is acquiring', from Mrs. Fanny Epee, and the
said A. T. Wacasey may remove dirt from all or any part of the said
10-acre tract; provided, however, that the said Wacasey shall not
remove earth in such u manner as to leave a hole more then 12 inches
deep. Said removal of earth shall be completed prior to March 1,
1956. The said A. T. W&Casey and wife here:by sell end agree to
convey to the said City of Lubbock, and the City of Lubbock hereby
purchases and uertes to pay for, two and one-hel.f-zeres of land
lying immediately Forth of the land shown on the attached Exhibit
lv such 2-1/2 acres of land being described by metes and bounds as
follows:
BFUIi +11?G at a point which is 1980 feet Forth and
660 feet East of the Southwest corner of Section
151 Block B, Lubbock County, 'eras;
THENCE Forth parallel to the West line of said
Section 15, Block B, a distance of 660 feet;
THENCE East perpendicular to the last mentioned
courso, a distance of 165 feat;
TIIEIRCE South parallel, to the W4et line of said
Section 15, Block Bj a distance of 660 feet;
THENCE Nest 165 feet to the place of BEGIFFITTG.
The agreed Purchase Price for the said two and one-half acres
(2j) of land shall be the sum of FIFTEEN HUNDRED IYD N01100
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(61500.00) DOLLA;cSj to be paid in cash upon the delivery of the
Dead. The said A. T. Wacasey and wife shall make available to the
City of Lubbock, for examination onlyl ern Abstract of Title, re-
flecting title to said lands$ and said lands shall be conveyed free
~~ and clear of any and all liens and encumbrances. This Contract
is made contingent upon approval of titles to said land by the
City of Lubbock.
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kilo),
Simultaneously with the deliVt ry of the Deed$ and the pay-
ment of the Purchase Price for the lands above described$ the
said A, T. Wacasey and wife shall pause the law suit pending$ as
above set outs to be dismissed with prejudice.
IV.
The City of Lubbock agrees that it will forthwith, upon the
approval of the Plat, which is hereto attached and marked Exhibit
1$ dedicate to the Public for alley purposes, a strip of land ten
(10) feet wide adZoini.ng the 10-foot Elleyway on the East side
of the land platted, as shown by said Exhibit 1$ and will also
dedicate a twenty (20) foot alley adjoining Lot No. Ten (10) of
the said Wacasey Addition on the Forth. The City of Lubbock Will
also, at the same time, dedicate a fifty (50) foot street running
from the West line of Section 15$ Block a$ to the Erst lines ex-
tended Vorth, of Peoria Avenue$ as shoNm on Exhibit 1$ the South
line of which said street shall be located 1980 feet north of the
South line of said Section 15, Block B.
V.
The said A. T. Wacasey and wife shall dedicate to the Public
a strip of land twenty-five (25) feet wide; constituting the
North half W2) of 21jth Street between quaker and 'Peoria Avenue.
VI.
It is further one of the considerations for the making of
this Agreement by the said A. T. Wcasey and wife) that the City
of Lubbock has established survey marks on the ground, showing
the depth of fill required to raise the remaining portion of the
Wacasey five (5) acre homestead tract lying immediately West of
the Northerly portion of the lands delineated on Exhibit 1, to the
`-grade necessary to entitle said lands to be platted as an Addition
to the City of Lubbock. When said lands have 'uue"?. filled to such
grade marks! and the provisions of Ordinance 1331 have been complied
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vithl the said Wacasey and wife may plat said homestead tracts
or such portions thereof as they deem properg into an Addition
to the City of Lubbock] and no additional requirements will be
made by the City of Lubbock. as a condition to the approval of
said Plate `In connection with the setter and water lines to be
installed in said Additicnq ands further, in connection with
the sewer and water lines required to service the lots shown on
Ekhibit 1 hereto attachedl it is UNDERSTOOD AND AGREED that the
said Wacasey and wife maay$ if they deem properp cause said
se",r and water lines to be installed by R. Be Hodgson and
Companyv subject to the City's inspection and supervision' and
that the sewer and water lines for serving the land shown on
Exhibit 1 hereto attached, may be installed under Peoria Street
so as to serve said lots from their Westerly side. to no event$
either by reason,.6f Ordinance 1331, or otherwise$ shall the said
Wacasey and wife be required to pay more than the actual cost of
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installing said sewer ,and.water line®;plus five percent (5%)
inspectione to ,thety .a .'Lubbock if sams -axe -installed,by
the said R.' B. Hodgson and Company.
T. Wacasey
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