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HomeMy WebLinkAboutResolution - 051371F - Release Of Contract - Roger Loter - Section 9 Block A - 05_13_1971613/3?� RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor d the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of Con- tract in favor of Roger Loter and wife, Ellis B. Loter, 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. Passed by the City Council this 1 TTEST: e, u ity secretary -'treasurer ORM APPROVED: , J r4 ylty attorm y L A RELEASE OF CONTRACT THE STATE OF TEXAS I COUNTY OF LUBBOCK j WHEREAS, J. E. BOWMAN, and, wife, GLADYS J. BOWMAN, on the llth day of July, 1960, did enter into a written contract with the City of Lubbock, and, WHEREAS, by the terms and obligations of said contract the Lessors, J. E. BOWMAN, and wife, GLADYS J. BOWMAN, did lease to the City of Lubbock the following described property to -wit; BEGINNING at a point 3500 feet North and 1280 feet East of the Southwest corner of Section 9, Block A, Lubbock County, Texas; THENCE North 800 feet; THENCE East 600 feet; THENCE South 800 feet THENCE West 600 feet to the POINT OF BE- GINNING. WHEREASE, the property was used for the purpose of a sanitary fill, and the excavation located thereon has now been filled according to the terms and conditions and said contract; and, WHEREAS, the present owner, ROGER LOTER and wife, ELLIS B. LOTER, and the City of Lubbock desire to secure mutual release of and terminate said contract, NOW THEREFORE; KNOW ALL MEN BY THESE PRESENTS: THAT ROGER LOTER and wife, ELLIS B. LOTER, successors and assignees of J. E. BOWMAN and wife, GLADYS J. BOWMAN, and presen t owneis of the above described property, of Lubbock County, Texas, and the City of Lubbock in the consideration of the mutual fullfillment of the terms, obligations and conditions, of said contract, do hereby terminate and cancel said contract and further release, discharge and acquit the other, their as- signs, representatives, employees and agents of all obligations, duties, causes of action and damages arising out of, directly or indirectly resulting from the said contract or operations located upon leased premises. WITNESS the execution of this instrument this 13 day of MAY, i 1971. CITY OF LUBBOCK J. H. GRANBERR , MAYOR ATTEST: V; / A 9 rez 0 Laveni Lowe, City ecret ry-Treasurer ROG OTER L15 B. LOTER THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared J. H. GRANBERRY, known to me to be the person whose name is subscribed to the foregoing in- strument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUB13OCK 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 , 1971. Notary Public, Lubbock County, Texas THE STATE OF TEXAS X COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared ROGER LOTER and wife, ELLIS B. LOTER, 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 capacity therein .stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this / 9. day of 1971. c Notary Public, Lubbock County, Texas: