HomeMy WebLinkAboutResolution - 012369A - Contract - J.C. Davis - Extending Time Of Payment Of A Paving Assessment Lien - 01_23_1969KJ :tp
A7 �i 71 p . RESOLUTION
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�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 Contract Extending
Time of Payment of a Paving Assessment Lien in favor of J. C. Davis, 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
APPROVED -
'Fred Fred O. Senter,'Jr., C Attorney
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CONTRACT TO EXTEND TIME OF PAYMENT OF A
P VING ASSESSMENT LIEN AND PROVIDE FOR
THE CONTINUED VALIDITY OF SUCH LIEN
This agreement made this the 218B9, by
and between J. C. Davis of Lubbock County, Texas, and the City of Lubbock,
Texas, a Home 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 paving assessment created by City
Ordinance No. 5587 enacted January 23, 1966, The assessment being secured
by a lien to pay the cost of paving adjacent to the North side of the following
described tract of land, to -wit:
BEGINNING at a point 1800.00 feet West and 65.00 feet South
of the Northeast corner of Section 0. Block E-2, Lubbock
County, Texas;
THENCE South 160.0 feet to a point;
THENCE West 810.0 feet to a point;
THENCE North 150.0 feet to a point;
THENCE East 8 10. 0 feet to the POINT OF BEGINNING.
SECTION n
For and in the consideration of the City of Lubbock paying for the construc-
tion of the paving adjacent and abutting the hereinabove described property
J. C. Davis, his heirs and assigns, as owner of such property promises and
does hereby by these presents promise to pay to the City of Lubbock $4, 420. 95
on or before sixty (60) months following acceptance of the paving improvements
by the City of Lubbock.
SECTION III
Should the hereinabove described paving assessment of $4, 420.05 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
f
the City of Lubbock shall charge and J. C. Davis, his heirs and assigns,
agrees and obligates himself to pay six per cr_nt (6%) annual interest there-
after on the principal amount of $4, 420. 95.
SECTION 1V
J. C. Davis, his heirs and assigns, covenants and promises that in no
instance shall the hereinabove described paving assessment on the hereinabove
described property, together with accrued interest, if any, be paid off in
full later than eighty four (84) months following acceptance of the paving
improvements by the City of Lubbock.
SECTION V
J. C. Davis acknowledges the existence of the paving assessment lien
against the hereinabove described property; such assessment lien created by
City Ordinance No. 5587, enacted January 23, 1969; and further J. C. Davis
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 slime shall remain as security for this agreement and have the same
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.
J. C. DAVIS
CITY OF LUBBOCK
BY:
�VW. D. ROGERS. JR. , MAYOR
ATTEST:
venia Lowe, City, eretary- reasurer
APPROVED:
Fred O. Senter, Jr., City Attorney
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 J. C. DAVIS, known
to me to be the person whose dame is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and con-
sideration therein expressed.
G3VEN UNDER MY HAND AND SEAL OF OFFICE this day of
1969.
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 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 con-
sideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND BEAL OF OFFICE this � pay of
1969.
Notary Public, Lubbock County, Texas