HomeMy WebLinkAboutResolution - 072866A - Contract To Extend Time Of Payment Of Paving Assessment Lien - 07_28_1966 av
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized
and directed to execute for and on behalf of the City of L ubbock a Contract
attached herewith which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part
of this resolution as if fully copied herein in detail.
Passed by the City Council this 28th day of July
A.D.. ROGERS, TR. ayor
ATTEST•
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Lav nia Lowe, C y-Treasurer
A�VED: �7
Fred O. Senter,Jr., City n "
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AW.City Atrortl0y
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CONTRACT TO EXTEND TIME OF PAYMENT OF A
PAVING ASSESSMENT LIEN AND PROVIDE FOR
THE CONTINUED VALIDITY OF SUCH LIEN
This agreement made this 28th day of July 1966,
by and between Kathryn Bacon, Individually and as Independent Executrix of the
Estate of Lawrence C. Bacon, Deceased and the City of Lubbock, Texas, a
Horne Rule Municipality located in Lubbock County, Texas, acting by and
through its Mayor.
WITNESSETH:
SECTION I - SUBJECT MATTER OF TRANSACTION
The extension of time of payment of a pacing assessment created by
City Ordinance No. 4970 enacted March S1, 1966, and filed for record in
Volume 1081, Page 113 of the Deed Records of Lubbock County, Texas.
This assessment being secured by a lien to pay the cost of paving adjacent
to the following described tract of land, to-wit:
PARCEL I:
BEGINNING at a point 1508. UU feet East and 55. 00 feet South
of the Northwest corner of Section 9, Block E-2, Lubbock
County, Texas;
THENCE East 952. 00 feet to a point;
THENCE South 150. 00 feet to a point;
THENCE West 952.00 feet to a point;
THENCE North 150.00 feet to the POINT OF BEGINNING.
PARCEL H.
BEGINNING at a point 60.00 feet East and 55. UU feet South
of the Northwest corner of Section 9, Block E-2, Lubbock
County, Texas;
THENCE East 802. 00 feet to a point;
THENCE South 150. 00 feet to a point;
THENCE West 802.00 feet to a point;
THENCE North 150. 00 feet to the POINT OF BEGINNING.
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PARCEL III:
BEGINNING at a point 862.00 feet East and 55.00 feet South
of the Northwest cornerof Section 9J: Block E-2. Lubbock
County, Texas;
THENCE East 425. 00 feet to a point;
THENCE South 5.00 feet to a point;
THENCE East 15.00 feet to a point;
THENCE South 145.00 feet to a point,
THENCE West 440.00 feet to a point;
THENCE North 150.00 feet:Ao the POINT OF BEGINNING.
SECTION II
For and in the consideration of the City of Lubbock paying for the
construction of the paving adjacent and abutting the hereinabove described
property Kathryn Bacon, Individually and as Independent Executrix of the
Estate of Lawrence C. Bacon, Deceased, her heirs, successors and assigns,
as owner of such property promises and does hereby by these presents pro-
cnise to pay to the City of Lubbock $14. 129.60 on or before sixty (60) months
following acceptance of the paving improvemebts by the City of Lubbock.
SECTION III
Shoiad-the hereinabove described paving assessment of $14, 129.60 on
the hereinabove described property be paid later than the sixtieth (60th) month
following acceptance of the paving improvements by the City of Lubbock. then
the City of Lubbock shall charge and Kathryn Bacon, Individually and as Indepen-
dent Executirx of the Estate of Lawrence C. Bacon. Deceased, her heirs, suc-
cessors and assigns agrees and obligates herself to pay six percent (60/0) annual
interest thereafter on the principal amount of $14. 129.60.
SECTION IV
Kathryn Bacon, Individually and as Independent Executrix of the Estate
of Lawrence C. Bacon, Deceased, her heirs, successors and assigns, acknow-
ledges the existence of the paving assess nent lien against the hereinabove des-
cribed property; such assessment lien created by City Ordinance No. 4970 and
filed for record in the Deed Records of Lubbock County, Texas, in Volume
1081. Page 113, and enacted march 31, 1966; and further Kathryn Bacon, Indi-
vidually and as Independent Executrix of the Estate of Lawrence C. Bacon, De-
ceased, agrees that the hereinabove described paving assessment lien on the
property described in said Ordinance shall remain valid, and this Agreement
shall in no wise be construed as a waiver or release by the City of Lubbock of
said lien but sane shall remain as security for this agreement and have the sajie
force and effect as though a paving certificate were issued under the terms of the
above described Ordinance.
Executed by the parties as of the date first written in this agreement.
Gam•-�uJ
KATHEYN BA ON, Individually and as
Independent Executrix of the Estate of
Lawrence C. Bacon, Deceased
CITY OF LUBBOCK
BY:
ATTEST: W. D. ROGERS, JR., Neyor
Lavenia Lowe, City Secretary-Treasurer
THE STATE OF TEXAS {
COUNTY OF LUBBOCK {
BEFORE LIE, the undersigned authority, a Notary Public in and for said
County. Texas, on this day personally appeared KATHRYN BACON, Individually
and as Independent Executrix of the Estate of Lawrence C. Bacon, Deceased,
known to me to be the person whose neme is subscribed to the foregoing instru-
ment anti acknowledged to nne that she executed the same for the purposes and
eonsidarstion therein expressed and in the capacity therein stated.
GI Chi U DER MY HAND AND SEAL OF OFFICE this_�day of
1966.
- ------tS$AL�
Notary Pub bbock County, Texas
BETTY JEAN RUE
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� M
THE STATE OF TEXAS i
COUNTY OF LUBBOCK
BEFORE ME. the undersigned authority, a Notary Public in and for
said County. Texas, on this day personallii appeared W. D. ROGERS. JR.
known to me to be the person whose name is subscribed to the foregoing in-
strument and acknowledged to me that he executed the same as the act and
deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consi-
deration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1966.
(SEAL)
Notary Public, Lubbock County, Texas