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HomeMy WebLinkAboutResolution - 121467A - Paving Agreement - Kenneth P. Flagg Et Al - Quaker Avenue - 12_14_1967KJ :tp 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 Right of Way and Paving Agreement with Kenneth P. Flagg, Elvis Roberts, W. W. William- son, and Maxey Lumber Company, a corporation, which covers street right- of-way needed for the re -alignment of Quaker Avenue between 62nd Street and 66th Street. Said Agreement is attached herewith and 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. APPROVED;. ed O. Senter, Jr. , ty At RIGHT OF WAY AND PAVING AGREEMENT THIS AGREEMENT made this _ day of _ DEC . 1967 between the City of Lubbock, a Home he Municipal Corporation herein- after called City, and Kenneth P. Flagg, Elvis Roberts, W. W. William. son, and Maxey Lumber Company, a corporation, hereinafter called Grantors, Witnesseth: Grantors and the City for and in consideration of the terms and covenants set forth below, by these presents enter into an agreement covering the property described on the attached Exhibit A as follows: No. 1: Grantors agree to convey to the City by Voarranty Deed the lake area on the East side of Quaker Avenue, shown on Exhibit A as Tract U-A, for the consideration of $1.00. .No., 2: Grantors agree to dedicate to the public for street purposes the West 1/2 of Quaker Avenue from 62nd Street south to 66th Street as shown on Exhibit A as Tract I-B. No. 3: Grantors hereby assume and agree to pay the paving assessment on the above described 'Vest 1 /2 of Quaker Avenue shown to Tract I-B in the amount of $9, 302. 54 with the agreement and understanding that the pay- ment of such paving assessment shall be deferred for a period of three years from the date the paving improvements are accepted. with such payment to be made with no interest due on the principal; or in the alter- native such paving assessment shall be paid at such time as the lots which are adjacent to and abutting an the paving improvements are developed or sold, whichever comes first. No. 4: The City hereby agrees to furnish to Granters fill material from either Tract II-B of Exhibit A. or the adjoining city property in sufficient quantities and dithout cost to grantors to fill Tract QI of Exhibit A to a point to or above the established high grater mark with the understanding and agreement that Quaker Avenue will also be filled to such point. The City will perform such fill of Tract III at no cost to Grantors. No. 5: The City hereby agrees to purchase from Grantors, upon.grantors' furnishing satisfactory proof of title including either abstract or Title policy as the city may' require, the East 1 /Z of Quaker Avenue shown as Tract I -A on Exhibit A, said Tract •A containing approximately 1.15 acres and the consideration for ouch .purchase shall be $3, 000.00 per acre or a total of $3, 450. 00 with the additional understanding that the City will assume the cost of paving improvements on said Tract I•A. No. 6: Grantor hereby grants the City permission to enter upon any of the property stated herein for the purpose of proceeding with the work agreed herein. EY.ECUTED this �14 day of DEC . Lee?. ATTEST: CITY OF LUBBOCK By: W. D. ROGERS. JR, MAYOR, Lavenia Lowe, City Secretary -Treasurer APPROVED: Fred O. Seater, Jr.. City Attorney Kenneth Plz'-4�L, gg Elvis Roberts W. W. Williamson Maxey Lumber Company. a'corporation Harold Blank, President THE STATE OF TEXAS 1 COUNTY OF LUBBOCK 4 BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared W. D. ROGERS, JR., known to me to be the person whose name is subscribed to the foregoing instrument 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 consideration therein expressed, and in the capacity therein stated. GIVEN UNDER XTY HAND AND SEAL OF OFFICE this day of . 1967. Notary Public, (SEAL) Lubbock County, Texas THE STATE OF TEXAS f COUNTY OF LUBBOCK f . BEFORE ME, the undersigned authority, a Notary Public in and for said County. Texas, on this day personally appeared HAROLD BLANK, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the sanoe as the act and deed of M.AXE:Y LUMBER COMPANY. a corporation, and as PRESIDENT, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND !SEAL OF OFFICE this L� ` 'day of 1067. Notary Public Lubbock County, Texas THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared KENNETH P. FLAG, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he exeouted`the same for the pur- poses and consideration therein expressed.' GIVEN UNDER UY HAND AND -SEAL OF OFFICE this h day of { S E lei€. j Notary Public✓ Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK # BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ELMS ROBERTS, known to the to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the some, for the purposes and Consideration therein expressed. 1VEN UNDER MY HAND AND SEAL OF OFFICE this Z day of w�.�_• 1987. &-LEA Notary PuWb, Lubbock County, Texas ATFkft OF TEXAS i COUNTY OF LUBBOCK f BEFORE ME, the undersigned authority, a Notary Public in and for said County, 'Texas, on'this day personally appeared W. W, WILLAMSON, known tome to be the person whose name'is subscribed to the foregoing instrument, and: acknowledged to me'that'he executed the same for the purposes and con- sideration therein expressed. GIVEN UNDER MY HAND AND SEAT. 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