HomeMy WebLinkAboutResolution - 012369B - Contract - Alvin L Hewitt - Extending Time Of Payment Of Paving Assessment Lien - 01_23_1969.f
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 Contract
Extending Time of Payment of a Paving Assessment Lien in favor of Alvin
L. Hewitt, 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.
APPROVED:
CONTRACT TO EXTEND TIME OF PAYMENT OF A
PAVING ASSESSMENT LIEN AND PROVIDE FOR
THE CONTINUED VALIDITY OF SUCH LIEN
This Agreement made this the 93rd day of January 1969,
by and between Alvin L. Hewitt of Deaf Smith County, Texas, and the City of
Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas,
:i
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, 1969. 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 1350. 0 feet West and 55. 0 feet South
of the Northeast corner of Section 9, Block E-2, Lubbock
County, Texas;
THENCE South 150.00 feet to a point;
THENCE West 350.00 feet to a point;
THENCE North 150.00 feet to a point;
THENCE East 350.00 feet to the POINT OF BEGINNING.
SECTION II
For and in the consideration of the City of Lubbock paying for the con- i
struction of the paving adjacent and abutting the hereinabove described property
Alvin L. Hewitt, his heirs and assigns, as owner of such property promises
and does hereby by these presents promise to pay to the City of Lubbock
$1, 910.29 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 $1, 910.29
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 Alvin L. Hewitt, his heirs and assigns,
agrees and obligates himself to pay six per cent (6%) annual interest thereafter
on the principal amount of $1, 910.29.
SECTION IV
Alvin L. Hewitt, his heirs and assigns, covenants and promises that
in no instance shall the hereinabove described paving assessment on the herein -
above 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
Alvin L. Hewitt acknowledges the existence of the paving assessment
Hen against the hereinabove described property; such assessment lien created
by City Ordinance No. 5587, enacted January 28, 1969; and further Alvin L.
Hewitt 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 same 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.
APPROVED:
Fred O. Senter, Jr., Ci A rney
THE STATE OF TEXAS i
COUNTY OF 1
BEFORE ME, the undersigned authority, a Notary Public in and';for
said County. Texas, on this day personally appeared ALVIN L. HEWITT, known
to me 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 SEAL OF OFFICE this day, of
. lees.
Notary Public
THE STATE OF TEXAS E
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, TexaQ 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 SEAL OF OFFICE this day of
, 1969.
Notary Public, Lubbock County, Texas