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HomeMy WebLinkAboutResolution - 071069B - Curb And Gutter Agreement - Richard Adams - North University Avenue - 07_10_1969RESOLUTION 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 Curb and Gutter Agreement in favor of Richard Adams, attarMed 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 loth day of July , 1969. - .. 11 ATTEST: L venia Lowe, City Secretary -Treasurer APPROVED: PdO.Senter, Jr., City 4#6rney 2. THE STATE OF TEXAS 1 COUNTY OF LUBBOCK X WHEREAS, the properties owned by the undersigned abutt a portion of North University Avenue within the incorporate limits of the City of Lubbock; and, WHEREAS, the State of Texas has undertaken a program to reconstruct and widen the paving along a portion of North University Avenue without assessing the abutting property owners for the cost of such improvement; and, WHEREAS, the State of Texas will construct curb and gutter improve- ments along North University Avenue contemporaneously with the paving program upon reimbursement for actual costs of construction of curb and gutter; and, i WHEREAS, the construction of curb and gutter would enhance the utility and value of the improvements being constructed by the State as well as the abutting property owned by the undersigned property owner; and, WHEREAS, the undersigned property owner and the City of Lubbock are desirous to construct curb and gutter along that portion of North University Avenue being improved by the State of Texas; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT in consideration of the premises, the City of Lubbock agrees with the undersigned property owner to reimburse the State of Texas for the actual costs of construction of curb and gutter abutting his property along North University Avenue. The undersigned property owner has of even date herewith executed a Mechanic's and Materialman's Lien Con- tract for the benefit of the City of Lubbock securing the City for the actual cost of construction of curb and gutter along North University Avenue abutting said owner's property. It is agreed by and between the said property owner and the City of Lubbock that payment of the promissory note secured by the Mechanic's and Materialman's Lien are deferred for a period of ten (10) years after the completion of the curb and gutter and acceptance by the City of Lubbock, provided that within this time period, if any portion of the property abutting North University Avenue is sold, platted or developed, the pro rata amount of the Mechanic's and Materialman's Lien promissory note will be paid within thirty (30) days therewith. Any property abutting North University Avenue which is subject to the Mechanic's and Materialman's Lien Contract which is not sold, platted or developed by the property owner prior to the expiration of ten (10) years after the completion of the curb and gutter and acceptance Page-Two---- by the City of Lubbock, shall have the indebtedness cancelled and the lien released by the City of Lubbock or its assigns. ENTERED. INTO this day of .1111 , 1969, RICHARD(DICK) 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 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 MY HAND AND SEAL OF OFFICE this day of 1969. Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared RICHARD (DICK) ADAMS 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 consideration therein expressed. GIVE UNDER MY HAND AND SEAL OF OFFICE this, /' day of 1969. •• w %� 1,• Notary Public, Lubbock Courlty, Texas 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 direc- ted to execute for and on behalf of the City of Lubbock a Curb and Gutter Agree- ment in favor of John L. Griffis and wife, OLETA BELLE ; Griffis and Ruth Alene Davis, attached herewith which shall we spread upon the minutes of the Counciland 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: Fred O. Senter, Jr., City Attorney .!b CURB AND GUTTER AGREEMENT THE STATE OF TEXAS I COUNTY OF LUBBOCK I WHEREAS, the properties owned by the undersigned abutt a portion of North University Avenue within the incorporate limits of the City of Lubbocv; and, WHEREAS, the State of Texas has undertaken a program to reconstruct and widen the paving along a portion of North University Avenue without assessing the abutting property owners for the cost of such improvement; and, WHEREAS, the State of Texas will construct curb and gutter improve- ments along North University Avenue contemporaneously with the paving program upon reimbursement for actual costs of construction of curb and gutter; and, WHEREAS, the construction of curb and gutter would enhance the utility and value of the improvements being constructed by the State as well as the abutting property owned by the undersigned property owners; and, WHEREAS, the undersigned property owners and the City of Lubbock are desirous to construct curb and gutter along that portion of North University Avenue being improved by the State of Texas; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT in consideration of the premises, the City of Lubbock agrees with the undersigned property owners to reimburse the State of Texas for the actual costs of construction of curb and gutter abutting their property along North University Avenue. The undersigned property owners have of even date herewith executed a Mechanic's and Materialman's Lien Contract for the benefit of the City of Lubbock securing the City for the actual cost of construction of curb and gutter along North University Avenue abutting said owners' property. It is agreed by and between the said property owners and the City of Lubbock that payment of the promissory note secured by the Mechanic's and Materialman's Lien are deferred for a period of ten (10) years after the completion of the curb and gutter and acceptance by the City of Lubbock provided that within this time period, if any portion of the property abutting North University Avenue is sold, platted, or developed, the pro rata amount of the Mechanic's and Materialman's Lien promissory note will be paid within thirty (30) days therewith. Any property abutting North University Avenue which is subject to the Mechanic's and Materialman's Lien Contract which is not sold, platted or developed by the owners of the property prior to the expiration of ten (10) years after the completion of the curl) and gutter and accaptance by the City of Lubbock, shall have the indebtedness cancelled and tyic lion released by the City of Lubbock or its assigns. ENTERED INTO this day of , 1969. CITY OF LUBBOCK W. D. ROGERS, JR. , MAYOR ATTEST; Lavenia Lowe, City Secretary -Treasurer rn. JO� L. GRIFFI Oleta Belle GRI / r RUTH ALENE DAVIS THE STATE OF TEXAS I C_"I'i ��- "£-;Ce . .; ,c LC � l ,✓S� L"z. ,, CHARLES C. (BILLY) DAVIS. 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 consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of JUti�E , 1969. Notary Public, Lubbock County, Texas THE STATE OF TEXAS 1 COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared JOHN L. GRIFFIS and .OLETA BELLE GRIFFIS, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said OLETA BELLE GRIFFIS, wife of the said JOHN L. GRIFFIS, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said . oLETA BELLE GRIFFIS acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVyEN UNDER MY HAND AND SEAL OF OFFICE this /_71-day of 1969. n Notary Public, Lub6ck County; Texas COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared CHARLES C. (BILLY) DAVIS and RUTH ALENE DAVIS, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said RUTH ALENE DAVIS, wife of the said CHARLES C. (BILLY) DAVIS, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said RUTH ALENE DAVIS acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN DER MY HAND AND SEAL OF OFFICE this /.� day of eddy_ 01969. Z �//' ;' I Notary 11"ublIc, Lubbock�County, Texas 1