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HomeMy WebLinkAboutResolution - 2336 - Compromise Settlement & Release - Cleo K Thiel - Demolition Lien Payment - 06_12_1986Resolution #2336 June 12, 1986 Agenda Item #14 LJM:js 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 Lubbock a Compromise Settlement and Release, by and between the City of Lubbock and Cleo K. Thiel, for payment of a demolition lien, 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 fully copied herein in detail. Passed by the City Council this 1a day of �f_, , 1986. c B. C. McMI N, MAYOR ATTEST: y Secretary in APPROVED AS TO FORM: Laura J. Monr e, Assistant City Attorney Resolution #2336 THE STATE OF TEXAS COUNTY OF LUBBOCK COMPROMISE SETTLEMENT AND RELEASE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, on the 22nd day of April, 1977, the City of Lubbock, acting by and through its Mayor and its Housing Standards Administrator, caused to be filed a Notice of Lien filed at Volume 163, page 645 of the Mechanics Lien Records of Lubbock County against the hereinafter described real property for a single expense incurred for the performance of a certain demolition of certain improvements existing on said premises on or about and prior to April 11, 1977,pursuant to Texas Revised Civil Statutes, Article 4436 and Chapter 15A of the Code of Ordinances (Housing Code) for the City of Lubbock, Lubbock County, Texas, reciting a cost of such work in the amount of $1,950.00 and which work was performed on said property, to wit: Lot 3, Northridge, an addition to the City of Lubbock, Lubbock County, Texas, with street address of 2605 Mesa Road. Said lien also applied to all unrecorded interest therein as well as to the recorded interest therein of ROBERT W. THIEL, if any, and CLEO K. THIEL; and, WHEREAS, the said Cleo K. Thiel, successor in ownership in said property and the record owner on, before and after said demolition, has attempted to bargain, sell and convey subject property free and clear of encumbrances and liens but has been prevented from doing so by reason of said lien being considered by her purchaser a cloud on the title and she has contended that said lien was improperly filed; and, she has asserted damages against the City of Lubbock for wrongful demolition and trespass to said property and has requested the City of Lubbock to release its said lien; and WHEREAS, the City of Lubbock has denied that said lien was improperly filed and has denied that it is obligated or liable for any alleged damages and has disputed her contention and allegation; AND WHEREAS, the parties hereto, namely the said Cleo K. Thiel, the then record owner of subject property, and the City of Lubbock, acting by and though its duly authorized agents and personnel, have now agreed to compromise and settle any and all claims and controversies arising between them by reason of the above described incident, loss or damages; NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE THOUSAND ONE HUNDRED AND TWENTY NINE DOLLARS AND THIRTY THREE CENTS ($1,129.33), said amount being a principal amount of $597.00 plus interest accrued, which amount was the amount quoted by the City to Mrs. Thiel in their letter of July 5, 1975, paid by said Cleo K. Thiel for herself and the said Robert W. Thiel, her former husband, to the City of Lubbock, receipt of which sum being hereby acknowledged, together with the further consideration of this Compromise Settlement, the City of Lubbock DOES AGREE TO RELEASE ITS LIEN on subject property as well as its claim against said Cleo K. Thiel and Robert W. Thiel and agrees to evidence its release of lien by furnishing a recordable Release of Lien to be filed in the appropriate records of Lubbock County, Texas and to notify the Accounts Managements Corporation that such debt has been paid and fully satisfied; and, FURTHER THEREFORE, FOR AND IN CONSIDERATION of the Release of Lien aforesaid and the extinquishment of any debt in connection with the demolition at 2605 Mesa Road by the city and/or those in privity with the city, the said Cleo K. Thiel as the record owner of subject property at the time such demolition activity occurred, does hereby RELEASE, ACQUIT and FOREVER DISCHARGE the City of Lubbock, its agents, employees and assigns and those in privity with it who are or who might be liable, from any and all claims, demands, causes of action or cost and expenses of whatsoever nature arising from or out of said incident or transaction and she further acknowledges that this agreement is made and entered into by her as a full and complete release. WITNESS OUR SIGNATURES on the day of May, 1986. �L �!K—d e, - -2, � �-' , Cleo K. Thiel CITY OF LUBBOCK By:�f THE STATE OF TEXAS ) COUNTY OF LUBBOCK This instrument was acknowledged before me on this day of May, 1986, by Cleo K. Thiel. My Commission Expires: Notary Public in and for the State of Texas. THE STATE OF TEXAS ) COUNTY OF LUBBOCK T,h*s instrument wa� acknowledged before me on this day of'•i 1986 by L �ii roc,©r._ its of Lubbock, Lubbock County, Texas, a ome Rule Municipal Corporation, on behalf of said corporation. My Commission Expires;�rK-�� Notary Public in and for the State of Texas. APPROVED AS 0 FORM: Laura J. roe, Asst. City Attorney -2-