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HomeMy WebLinkAboutResolution - 071163L - Partial Release Of Liens - Section 17 Block D5 - 07_11_1963 �I FOS•lkm RESOLUTION WHEREAS, the City of Lubbock is the owner and holder of certain promissor' note in the principal sum of $85, 952. 55 described in that certain deed of trust se- curing the payment of said note which is recorded in Volume 345, Page 375 of the Deed Records of Lubbock County; and WHEREAS, the City of Lubbock has been rdquested to release a portion of p , said property from the lien of the deed of trust and the easement reservations reserved by the City of Lubbock in its deed as,more particularly recorded in Volume 846, Page 587 of the Deed Records of'Lubbock County, Texas; and, WHEREAS, the tract of land to be released consists of an area containing 0. 69 acres and 0.55 acres more or less which is to be conveyed to the United State� for "approach control" for aircraft and a partof the national defense program;and, WHEREAS, it appears that there ar.ersuffidWnt:'lands remaining to amply secure the remaining principal due on the above described note;and, WHEREAS, it further appears to the public and national interest that the release be granted and executed for and on behalf of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: . �i SECTION 1. THAT the Mayor of the City of Lubbock be and is hereby authorized and directed for and on behalf of the City of Lubbock to execute a partial) release upon a form approved by the City Attorney of the liens securing said City of Lubbock on that portion of the property described in the attached instrument which is made a part hereof and which shall be spread upon the minutes of the City Commission and as so spread shall constitute and shall be a part of this reso- lution as if fully copied herein in detail and be',it further resolved that the City Secretary-Treasurer be and is hereby directed to attest the signature of the Mayor to said partial release and in evidence thereof shall affix the seal of the City of Lubbock thereto. ! Passed by the City Commission this llth day of July 1963. I� 9 E E i I J CK F. STRONG, Mayor ATTEST: Form Approved y� AttornoY I Lav nia Lowe, Cit .Secret y-Treasurer i I i— THY STk TE OF TFXAS t RE LEAS £ COUNTY OF LUBBOCK E t':'i-MPWAS. the City of Lubbock is the owner and holder of that one certain promissory note in the original principal Burrs of]Eighty-Five{ Thousand. Nine Hundred Fifty-Two and 55/100 Dollars ($85.952.SS), dated June 27th, 1961, payable to the order of City of Lubbock. a Municipal Corporation, secured by Deed of Trust executed to Fred Senter. Trustee. recorded in Vol. 345, Page 373. of the Deed of Truett Records of Lubbock County. Texas; and 'I fmRrAS, the City of Lubbock desires to release a portion of said property from the lien of the Dead of Trust and from certain of the an a- mente reserved by the City of Lubbock in D"d from City of Lubbock, re- corded in Vol. 646, Page 567 of the Deed Records of Lubbock County. Texas; NOW THFRVrORE, FOR ARID IN CONSIDERATION of the sum of TEN DOLLARS and other good and valuable consideration.the receipt and sufficiency of which is hereby acknowledged, the City of Lubbock, a H*nae Ruled Municipal Corporation of Lubbock County. Texas, does hereby release and discharge the foll wiqg described property from, the lien des- cribed above: A tract of land siWated in the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section l7k Block D-5. E. L. & R. R. Railway Company Survey, Lubbock County. Texas, being more particular by uaeten and bounds as follows: HEGIV ING at a point that bears North 30 44' 36" Last, a distance of 3591.18 feet!Torn the section corner eon neon to Sections 17 and 19. Block D-5. E. L. & R. R. Railway Company Survey; THENCE N. Oo 22' 43" W.. az distance of 100 feet to a point/1 THENCE N. ago 37, w, r., ar distance of 300 feet to a point; EVANS, PHARR, TROUT &JONES GREAT PLAINS LIFE SUILDIN. LUBBOCK, TEXAS _ THFNCF S. 0* 221 43"E., a distance of 100 feet to a point; THENCE S. 890 37' 17" W., a distance of 300 feet to the fount of begiaaning, con- taining an area of 0.69 acre more or s and does also release its right of repurchase to sai��r�ct(tt�e riflWt of x�ppurchase tieing set out in Yci. W- page 507. geed Retards of Lubbock County-Oxus.)AVID FOR THE SANLE CONSIDERATION, the City of Lubbock does subordinate its lien and its rights to repurchase tracts along the existing waterlines set out on the map of the City Engineering Department dated August 6th, 1953. E'ile No. 3D-75 to as easement to reach the above des- cribed 0.69 acre tract, said easement including the right to locate, con- struct, operate, maintain, repair, patrol a e remove an access road and right of way in, upon and over the hereafter described land, together with the right to trim. cut, fell and remove therefrom trees, underbrush. obstructions and ether vegetation, structures or obstacles within the limit of the right of wag, said tract of land covered by the easement being more particularly described as follows: A tract of land situated in the N-1/2-SMI/4-N I/4 of Section 17, Block D-5, E. L. & R. A. Railway Company Survey, Lubbock County, Texas. being more particularly described by metes and bounds as follows: Starting at the Section corner couamon to Sections 17 and Us Block D-5. E. L. 6 R. R. Railway Company Survey; THENCE N. 30 4141 36" East, a distance of 3591.1t+ feet to a point; THENCE N. 00111 43" W.. a.distance of 100 feet to a point: THENCE 'N.. 690 W 17' E., a distance of 300 feet to a point; THENCE S. 00 Z2' 43" East,'& distance of 6.34 feet to the point of beginning; THENCE S. 670 49' 16" r.. a distance cf 414.97 fact to a point; THENCE S. 220 10' 44" W., along the Westerly boundary of an existing dirt road, a distance of 60 feet to a paint; THIMCE: N. 670 49' 161° W.. a distance of 390.05 feet to a point; THENCE N. 00 ZZ" 4311 W.. a distance of 64.97 feet to the point of beginning, containing an area of 0.55 acre, more or less. }ROVIDFD, nevertheless, this is a partial release and subordination and its execution,shalt sot affect or impair the lions hold by the City of, Lubbock, covering the other property described in aaM Dead of Trust, and EYANS, PHARR. TROUT &JONES GREAT PLAINS LIFE BUILDING LUBSOOK. TEXAS not herein specifically released. In testimony whereof, the City of Iubbock has caused these presents to be executed by its Mayor, ati6sted by its Secretary, and the corporate seal affixed hereto on the 11th day of July 1963. CITY O UBBOCK Byt Mapoz ATTEST: ': Z4 City Secretary-Treasurer ( S E A L ) THE STATE OF TEXAS : COUNTY 01' LUBBOCK t )BEFORE Mr, the undersigned authority, on this day personally appeared JACK STRONG., MAYOR, known to the to be th person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes and consideration therein expressed. in the capacity therein stated. and as the att and deed of said City of Lubbock. GIVEN' UNDER MY BAND AND SEAL OF OFFICE, this the day of 1Q63. Notary Public, Lubbock County. Texas. EVANS, PHARR, TROUT & JONES GREAT PLAINS LIFE BUILDING \ LUSSOCK, TEXAS M need of Trod Texas Standard Form VOL 346 FACE373 Know all turn hJ #f�r�r prpsen#s: COUNTY OF LUBBOCK THAT, Lynnmark Investment Company, Buddy K. Hughes Land Co., and Willojak Corporation, (all are Texas corporations) of Lubbock County,Texas,hereinafter styled parties of the first part,(and considered in the plural sense whether one or more)in consideration of the sum of One Dollar in hand paid to the parties of the first part,by Fred Senter Trustee,party of the se(Zond part,of Lubbock County,Texas,the receipt whereof is hereby acknowledged, and of the further consideration, uses, purposes and trusts herein set forth and declared,have Granted Bargained, Sold, Aliened, Conveyed and Confirmed, and by these presents do Grant, Bargain, Sell, Alien, Convey ana Confirm, unto the said party of the second part, and also to the Substitute Trustee, as hereinafter provided, all of the following described property, lying and situated in the County of Lubbock,in the State of Texas,to-wit: All that part of Survey No. Seventeen (17), in Block D-5, E.L.&R.R.R.R.Co Surveys in Lubbock County, Texas, certificate No. 1244, patented to Charles H. Kent assignee, Patent No. 2, Vol. 53, lying South of the Santa Fe: Railroad Company right of way and containing 530.23 acres of land more or less; and All of Section No. Eighteen (18), Block D-5, E.L.& R.R.R.R.Co. Surveys in Lubbock County, Texas, Certificate No. 1244, patented to B. 0. McWhorter Patent No. 638, Vol. 39, and containing 640.52 acres of land more or less, LESS THE FOLLOWING: TRACT ONE: MICROWAVE STATION SITE AS DESIGNATED BY THE CITY OF LUBBOCK: BEGINNING at a point in the present South right of way line of the highway which is 2055 feet North of the Southeast corner of Section 17, Block D-5, Lubbock County,Texas; THENCE South in the East line of Section 17 a distance of 100 feet; THENCE West 950 feet; THENCL North 1069 feet to a point in the present South right of way line of the highway; THENCE Southeasterly along the South right of way line of the highway, a distance of 1356.99 feet to the place of beginning, containing 12.747 acres of land; TRACT TWO: RESERVOIR SITE BEGINNING at the Southeast corner of Section 17, Block D-5, Lubbock County, Texas; THENCE North in the East line of Section 17, a distance of 350 feet; THENCE West 550 feet; THENCE South 350 feet to a point in the South line of Section 17, Block D-5; THENCE East along the South line of Section 17, a distance of 550 feet to the place of beginning, containing 4.419 acres of land; The prepayment of the note herein described in whole or in part may be made to any extent and at any time without penalty, by paying not less than $1,100.00 principal at any time, together with 6% interest thereon to the date of payment. All prepayments so made shall be applied upon the next maturing installments of the indebtedness. Release privileges of the security herein provided shall be as follows: Upon the payment of the principal, whether prepaid or at maturity, of an amount equal to E110.00 per acre, together with interest thereon to the date of payment, shall entitle the grantees herein, their heirs and assigns, to a release of any portion of the premises herein described at the rate of one acre for each $110.00 principal plus interest thereon paid, with a minimum of ten acres at a time; together with all improvements thereon, or hereafter to be placed thereon,and all and singular the rights and appurte- nances to the same belonging or in anywise Incident or appertaining. TO HAVE AND TO HOLD unto the said party of the second part,and to his successors and his and their assigns forever, hereby covenanting and agreeing to Forever Warrant and Defend the premises aforesaid and every part thereof, unto the said Trustee and to the Substitute Trustee, and to the assigns of any Trustee hereunder, against all persons whomsoever lawfully claiming or to claim the same or any part thereof for and upon the following trusts, terms and conditions, to-wit: VOL 345 PAGE 374 That, Whereas, the said parties of the first part are justly indebted to The City of Lubbock, Texas, a municipal corporation party of the third part herein,as evidenced by one certain promissory note executed by the said parties of the first part,and payable to the order of the said party of the third part, and being further described as fol- lows, to-wit: In the original principal sum of $85,952.55, payable in annual installments of $17,190.51, the first installment of principal in said amouht to become due on or before June 2,7, 1962, and a like amount lb e 2June 27, until said note is fully paid; said note to bear 6% interest from Jan./paya a dnnually on June 27th and in addition to said principal payments; Now, should the said parties of the first part make prompt payment of said indebtednesss,and shall pay or cause to be paid, all other indebtedness secured by his conveyance, both principal and interest, as the same shall become due and payable, and strictly comply with all the conditions and requirements herein provided, then this conveyance shall become null and void and of no further force or effect and shall be released at the cost and expense of said parties of the first part. But should the said parties of the first part make default in the punctual payment of said indebtedness, or any part thereof,principal or interest, as the same shall become due and payable, or should said parties of the first part in any respect fail to keep and perform any one or more of the conditions herein provided to be kept and performed by said parties of the first part, then,and in any such case, the whole amount of said indebtedness remaining shall, at the option of the holder of said indebtedness,immediately mature and become payable, and it shall thereupon,or at any time thereafter,the same, or any part thereof,remaining unpaid,be the duty of the said party of the second part herein and of his successor or substitute as hereinafter provided, on the request of the holder of said indebtedness thereof (which request is hereby presume)to enforce this Trust; and after advertising the time, place and terms of the sale of all of the above conveyed and described property,or any part thereof (the privilege of selling in whole or in part being hereby granted) for at least twenty-one days successively next before the day of sale,by postin up written or printed notices thereof at three public places in the County in which said real estate is situated, one of which shall be at the Court House door of such County, to sell the same, in accordance with such advertisement, at public auction, in front of the Court House of the County in which said property is situated, on the first Tuesday in any month between the hours of ten o'clock.A. M. and four o'clock P. M.to the highest bidder for cash, selling all property above conveyed as an entirety or in parcels as the Trustee may elect, and make due conveyance to the purchaser or purchasers,with general warranty binding the said parties of the first part herein, and their heirs and assigns; and, out of the movey arising from such sale, the Trustee acting shall pay: First, all the expenses of advertising sale and conveyance, including,a commission of five per cent to himself, and then to the holder of said indebtedness, the full amount of principal and interest due and unpaid on said indebtedness, as hereinbefore set forth,and all taxes assessments,insurance premiums or other advancement, made as provided for herein, with interest thereon,rendering the balance of the purchase money, if any,to the said parties of the first part, their heirs or assigns; and said sale shall orever be a perpetual bar against the said parties of the first part,their heirs and assigns,and all other persons claiming under any of them.It is expressly agreed that the recitals in the conveyance to the purchaser shall be full evidence of the truth of the matter therein stated, and all prerequisites to said sale shall be presumed to have been preformed. The holder of said indebtedness shall have equal rights to become the purchaser at such sale, being the higher bidder. In case of absence, death, inability,refusal or failure of the trustee herein named.to act, a successor and substitute map be named,constituted and appointed by the holder of said indebtedness,without other formality than an appointment and designation in writing; and this conveyance shall vest in him, as Trustee, the estate and title in all said premises, and he shall thereupon hold,possess and execute all the title,rights, powers and duties herein conferred on said Trustee named, and his conveyece to the purchaser shall be equally valid and effective; and such right to appoint a successor or Substitute Trustee shall exist as often and whenever from any said causes, any Trustee, original or substitute can- not or will not act. It is agreed and stipulated that the parties of the first part herein shall and will at their own proper cost and expense, keep the property and premises herein described, and upon which a lien is hereby given and created, in good repair and conditions, and'pay and discharge as they are or may become payable, all and every taxes and assessments that are or may become payable thereon under any law, ordinance or regulation, whether made by Federal, State or Municipal authority, and shall keep said property fully insured in some company or companies approved by the holder of said indebtedness, to whom the loss, if any, shall be payable, and by whom the policies shall be kept.And in case of default made by the parties of the first part in performance of any of the foreggoing stipulations, the same may be per- formed by the holder of said indebtedness,for accident and at the expense of the parties of the first part, and any and all expense incurred and paid in so doing shall be payable by the parties of the first part to the party of the third part, with Interest at the rate of ten per cent per annum from the date when the same was so incurred or paid, and shall stand secured and payable by and under this deed in like manner with the other indebtedness herein,mentioned, and the amount and nature of such expense and time when paid shall be held fully established by the affidavit of the holder of said indebtedness,or the holder's agent,or by the certificate of any Trustee acting hereunder. Provided, how- ever,that the exercise of the right of advancement shall in nowise be considered or constitute a waiver of the right of the holder of said indebtedness to declare same, and all other indebtedness hereunder to be at once due and payable. It is further agreed and stipulated that the security herein and hereby provided shall not affect,nor be affected,by any other or further security taken or to be taken for the same indebtedness,or any part thereof; and the said parties of the first part hereby declare that the property hereinbefore mentioned and conveyed to said arty of the second art forms no part of any property by them owned, used, occupied or claimed as their homesteadpor as exempt from forced salg under the laws of the State of Texas, and disclaim and renounce all and every claim thereto under any such law or laws. Executed this the 27th da of June, 1961 ATTjST: LYNNMANVES MEN OMPANY BY: cretary Presi ent "ATTEST:1 M� BUDDY K. HUGHES LAND CO. ; ITTFST: WILLOJAK OORPORATIO BY: Secretary President gt g�xExeI:Skt kzRzy"zxzxz3thIkX y SINGLE ACKNOWLEDGEMENT voL pw 75 THE STATE OF TEXAS, 1 td COUNTY OF LUBBOCK J BEFORE ME, the undersigned, a Notary Public in and for said County and State,on this day personally appeared Ray C.---Livessy, President of Lynnmark Investment Company, a corporation .known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to -mthat h€ recubilthe sa a fordth��u�posies an� ideratioE thfirein expressed, in the capacity erein stated an as a ac an e o sa dorpora io . GIVEN UNDER- � MY HAND AND SEAL OF OFFICE this the OZ 8 day of J A.D. 19 bl L. PErrCOLAS ��,�� (SEAL) Notary Public in and for Lubbock County, Texas. CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME,the undersigned,a Notary Public COUNTY OF......Lubbock .............................................................................................. ............. in and for said County,Texas,on this day personally appeared Buddy K. Hughes ....known to me to be the person and officer - ---------------------•----•--- . ------------- ------- ....----------- ----- whose-name ie-subscribed t--o t.he....foregoing instrument and acknowledged to me that the same was the act of the said Buddy.-K..--Hughes. Lend._Co..,. --------------- -- ------------ a corporation,and that he executed the same as the act of such corporation for the purposes and consideration therein expressed,and in the capacity therein stated. //�� GIVEN UNDER MY HAND AND SEAL OF OFFICE,This.....O .v.........dayA. 1 "<- —....................A. D. 19.__6.. BEULAH L. PETirn,^SX �%� Z - - Notary Public, Lubbock County, Texas ............................................................................................................ CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME,the undersigned,a Notary Public COUNTY OF......Lubbock ...................................----------.....................................................I in and for said County,Texas,on this day personally appeared W. R. Slaton President of Will o ak Cor orat-.on.............._--.. -- - ----- ----------•-----� ------------ -- -----------j p _ known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Willojak- Corporation f --- ---- ------------- - ......._.......I ---.........-.-----------.-------. _.......... -----........__...........................-----------------............- ........- .. .......... a corporation,and that he executed the same as the act of such corporation for the purposes and consideration therein expressed,and in the capacity therein stated. pp GIVEN UNDER MY HAND AND SEAL OF OFFICE,This... _A.. .......day..... 'r'_. ------ef. .!___._.,A. 61A. D. 19.. BECJLAH L. PETICOIAS ........... � -- �!' Notary Public, Lubbock County, Texas ................................-----. -----... ------ ----- - ---...------------------------------------ COUNTY OF LUBBOCK I HEREBY CERTIFY that the foregoing instrument of writing, with its certificate of authentication, was filed for record in my office on the day of ,A.D.19 at o'clock M., and was duly recorded'by me on the day of A.D.19 in Vol. page ,of the Records of Deeds of Trust of said County. WPINESS MY HAND and the Seal of the County Court of said County,at my office in Lubbock,Texas,the day and year last above written. (SEAL) County Clerk Lubbock County, Texas. By 1 w ( r,, NitCZp A F?. A .:.� A F tV Ic 1 F Mutt c3 t �`ct t Ij a ui t 1 `.... �s o o a U LL S'1'A'i`L 0'F' "f'IYi1S County of Lubbockf,A[FLS.FL(11?S\VlitV30Pl,(9e;rk of the County C,rart}n n11l�li Lubbock Cotmty.Texas, harel:y ccrtii; ti,n lfie Iur ;+,ing, ivanuo,.,itt,e to_aherV`� e t� Its certificate of nuthenti; t o n rvN f 1 t d n t n; ti s _ a[_L.� -�.1.. ` u .t/(/ •", �:;i cF t tcc.,di:.l Ib — w � at �' l 1 1, iu tLs :Y �•�__ _lie�,,r.1, ,,1 i . '•.b (, u} :, S'uluntc�w��Yayo�._g7� wi!ocnu my,uaud and seal 0 s"tu (.--, t 1 ldlmck, }—,:> taa day Last %ttittcn, `T%'"'��'''• Clark Counq Coact.Lubbock Ca".Ta>v*.