HomeMy WebLinkAboutResolution - 032653B - Release Of Liens - Warren & Purtell Inc Et Al - Roberts & Mcwhorter Addition - 03_26_1953 c; C91
'- �• RESOLUTION
. -7
o
WHEREAS, by Ordinance No. 1058 of the City Commission passed on
February 22, 1951 and recorded in Volume 432, page 334 of the Deed Records of
Lubbock County, Texas, filed on February V, 1951, in connection with the paving
of Avenue U south of Erskine Street, being a portion of Paving Unit No. 1163
assessed a lien against the south 522.5 feet of the West 300 feet of the north
542.5 feet of Block 89, Roberts and McWhorter Addition in Lubbock, Lubbock County,
Texas; and,
WHEREAS, it has been discovered that such description is in error and
should have been described as the south 522.5 feet of the West 300 feet of the
north 572.5 feet of Block 89, Roberts and McWhorter Addition in Lubbock, Lubbock
County, Texas; and,
WHEREAS, after such original assessmentwas filed in the Deed Records
of Lubbock County, Texas, constituting a cloud and apparent lien, all of such
paving was completed, but during such intervening time the Canyon Park Subdivision
of said Block 89 was platted and recorded after the original assessments were
recorded and the final assessment rolls of the City of Lubbock were reduced by the
width of two (2) dedicated streets in such Addition. The final assessment rolls
carrying the following descriptions:
The South 94.16 feet of the West 300 feet of the North
114.16 feet of Block 89; and the South 290.84 feet of
the West 300 feet of the North 455 feet of Block 89; and
the South 27.5 feet of the West 300 feet of the North
542.5 feet of Block 89; Roberts and McWhorter Addition,
-Lubbock, Lubbock County, Texas; and,
WHEREAS, errors in such descriptions have been discovered, such
descriptions should have read resPectively as follows:
The South 94.16 feet of the West 300 feet of the North
144.16 feet of Block 89; the South 290.84 feet of the
West 300 feet of the North 485 feet of Block 89; and the
South 27.50 feet of the West 300 feet of the North 572.5 feet
of Block 89, respectively, of the Roberts and McWhorter Addi-
tion, Lubbock, Lubbock County.. Texas; and,
WHEREAS, the original assessment, as contained in the Ordinance heretofore
herein designated, was assessed against one M. D. Lane in the original amount of
$3,932.58, such amount being in excess of that amount which was actually assessed
by the final assessment rolls, such final assessment being against the said
M. D. Lane in the amount of $3,142.67, which last amount constituted a lien on all
those properties listed in the final assessment rolls; and,
WHEREAS, such amount of $3,142.67 has been fully paid to those parties
holding title to such assessment liens and such responsible parties have heretofore
executed a full and final,release according to the incorrect descriptions listed
in the final assessment roll; and.,
WHEREAS, the City Commission finds that due to such incorrect description
and the platting of the Canyon Park Subdivision that there are probable clouds on
title to such land, and in order to remove any and all clouds on title on such
property that the City of Lubbock should join with all those parties which had an
-1-
interest in the liens thus created and released, being Warren and Purtell, Inc.,
Municipal Investment Corporation, and the. Citizens National Bank of Lubbock, Texas,
in the execution of a new, full and final. release on all that property originally
assessed; NOW, THERvFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That the City Engineer be, and he is hereby authorized and
directed to correct the original and final assessment rolls to comply with the
corrected descriptions set out in this Resolution.
SECTION 2. That the Mayor be, and he is hereby authorized and directed
to join with Warren and Purtells Inc., the Municipal Investment Corporation,and
the Citizens National Bank in a news full and final releases releasing the
hereinafter described tract of land from any and all assessment liens created by
virtue of the premises and acknowledge full and final payment to the City of
Lubbock for said paving done abutting the following described tract of land
which should have been assessed, being further described as followss to-wit:
BEING all that tract or parcel of land known and described
as the South 522.5 feet of the West 300 feetof the North
572.5 feet of Block 89, Roberts and McWhorter Addition to
the City of Lubbock, Lubbock County, Texas.
On motion of Commissioner Davis , seconded by
Commissioner Carpenter the foregoing Resolution was
unanimously passed by vote of the City Commission this 26 day of
March , 1953.
ATT^ZST
Lavignia, Lowe, ity Secretary-Treasurer
CAM:rr
3-21-53
—3—