HomeMy WebLinkAboutResolution - 071069C - Curb & Gutter Agreement - John L. Griffis - North University Avenue - 07_10_1969Ll
oliot,a c
R.ESOLiTTION
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-
t to execute for and on behalf of the City of Lubbock a Curb and Gutter Agree-
mt in favor of John L. Griffis and wife, oLETA BELLE Griffis and Ruth
ene Davis, attached herewith which shaft be spread upon the minutes of the
uncil and as spread upon the minutes of this Council shall constitute and be a
rt of this Resolution as if fully copied herein in detail.
assed by the City Council this 10th day of July 1969.
, D'E R, , R
TTEST: , RO
Lowe, CittSecretary-Treasurer
CURB AND GUTTER AGREEMENT
THE STATE OF TEXAS [
COUNTY OF LUBBOCK [
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,
. 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
ge�ro --- --- — —_ _ -- -- -
ten (10) years after the completion of the curb and gutter and acceptance
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 1-aday of 1969.
&et
GRIFFI
lle GRI
R/UTH ALENE DAVIS
THE STATE OF TEXAS
CHARLES C. (BILLY) DAVIS.
COUNTY OF LUBBOCK I o
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
Jyr/E , 1969.
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS i
COUNTY OF LUBBOCK
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1969.
9. 7
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS
COUNTY OF LUBBOCK I
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 UNDER MY HAND AND SEAL OF OFFICE this I day
of ,1969.
Notary Yublrc, Lubbock ounty, Texas_