HomeMy WebLinkAboutResolution - 042276O - Agreement-Robert A Gentry-Exchange Paving Assessment Payment Extension For ROW - 04_22_1976:lb
RESOLUTION
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the City of Lubbock BE and is hereby and dire4
ed to execute for and on behalf of the City of Lubbock an Agreement between
the City of Lubbock and Robert A. Gentry, covering extension of time for
payment of paving assessment in return for dedication of street right-of-way
on University Avenue, and 82nd Street, attached herewith which shall be spri
upon the minutes of the Council and as spread upon the minutes of this Counc
shall constitute and be a part of this Resolution as if fully copied herein in
sed by the City Council this 22nd
ATTEST:
day of Ap r i 1 , 1976.
f
ROY BASS, MAYOR
Treva Phillips, "Ci Secretary -Treasurer
APPROVED AS TO FORM:
O. Senter, Jr. , j5A' ty Attorney
CONTRACT TO EXTEND TIME OF PAYMENT OF A
PAVING ASSESSMENT LIEN AND PROVIDE FOR
THE CONTINUED VALI=Y.OF SUCH LIEN
IN EXCHANGE FOR STREET DEDICATION
This agreement made as of the 22nd day of April, 1976, by and between
ROBERT A. GENTRY, not joined herein by his wife because the property herein
concerned is not homestead, herein called "OWNER", and the CITY OF LUBBOCK.
TEXAS, a Home Rule Municipality located in Lubbock County, Texas, acting by
and through it:: Mayor, herein called "CITY", said agreement becoming effective
upon execution by both parties hereto.
WITNE SSETH:
SECTION 1. SUBJECT MATTER OF TRANSACTION
The extension of time of payment of a paving assessment to be created by a
City Paving Assessment Ordinance which is to be enacted by the City Council in the
calendar year, 1976, and filed in the Deed Records of Lubbock County, Texas.. This
assessment will be secured by a lien to pay the cost of paving adjacent to the follow-
ing described tracts of land, to -wit:
TRACT 1
Metes and Bounds description for the paving assessment on -the West side of
University Avenue from 30.00 feet South of the South Property Line of 82nd Street
to 134. 96 feet North of the North Property Line of 91st Street.
BEGINNING at a point which is 95. 00 feet South and 60. 00
feet West of the Northeast corner of Section 13, Block E-2, said
point also being the South end of a 30.00 foot curve the radius
point of which bears West 30.00 feet; .
THENCE South along a line 60.00 feet West and parallel to the
East line of Section 13, Block E-2, .a distance of 2545. 00 feet
to a point said point bein� 60.00 feet West of the Southeast
corner of the Northeast 4 of said Section 13, Block E-2 and also
being the Northeast corner of Lot 1-A, University Pines Addition
to the City of Lubbock, Texas;
THENCE West along the South line of the Northeast 4 of said
Section 13, Block E-2 and the North line of University Pines
Addition, a distance of 150.00 feet to a point;
THENCE North along a line 210.00 West and parallel to the East
line of the said Section 13, Block E-2, a distance of 2575.00
feet to a point in the South line of 82nd Street;
THENCE East along the South line of 82nd Street, a distance of
120.00 feet to a point, said point being the beginning of a 30.00
curve to the right the radius point of which bears South 30.00
feet and having a delta angle of 90 ° and an arc length of 47. 12
feet;
THENCE around said 30. 00 foot curve to the right an arc length
distance of 47. 12 feet to -the POINT OF BEGINNING.
TRACT 2
Metes and Bounds description for the paving assessment on the South side
of 82nd Street from 23.00 feet West of the West Property Line of University Ave-
nue to the East Property Line of the alley at Elgin Avenue South side of 82nd
Street.
BEGINNING at a point which is 90.00 feet West and 65. 00 feet
South of the Northeast corner of Section 13, Block E-2, Lubbock
County, Texas, said point also being the West end of a 30.00
foot curve the radius point of which bears South 30.00 feet;
THENCE West along a line 65.00 feet South and parallel to the
North line of said Section 13, Block E-2, a distance of 208.00
feet to a point;
THENCE in a Westerly direction, a distance of 200. 00 feet to
a point said point being 60.00 feet South and 498. 00 feet West
of said Northeast corner of Section 13, Block E-2;
THENCE West along a line 60.00 feet South and parallel to the
North line of said Section 13, Block E-2, a distance of 1839.00
feet to a point:
THENCE in a Westerly direction, a distance of 303.04 feet
to a point, said point being 55.00 feet South and 2640.00 feet
West of the said Northeast corner of Section 13, Block E-2,. said
point also being 20.00 feet East of the Northeast corner of Lot
10, Potomac Park Addition to the City of Lubbock, Texas;
THENCE South along the East line of the alley East of Lots 8,
9 and 10, Potomac Park Addition to the City of Lubbock, Texas,
a distance of 150.00 feet to a point;
THENCE East along a line 205.00 feet South and parallel to the
North line of said Section 13, Block E-2, .a distance of 2580.00
feet to a point in the West Property Line of University Avenue;
THENCE North along the West Property Line of University
Avenue, a distance of 110.00 feet to a point said point being the
beginning of. a 30.00 foot curve to the left, the radius point of
which bears West 30.00 feet and having a delta angle of 90'
and an arc length of 47. 12 feet;
THENCE around said 30.00 curve to the left an arc length
distance of 47.12 feet to the POINT OF BEGINNING.
For and in consideration of extension of time to pay off said lien to be assessed
as above described and on the terms herein set forth, OWNER agrees immediately
to execute and deliver to the City a Dedication Deed (on form submitted to OWNER
by City) dedicating tracts of land to the City and/or the Public for use as a public
street covering the following described real estate:
Two (2) tracts of land out of Section 13, Block E-2, Lubbock County, Texas,
being more particularly described as follows:.
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TRACT 1 - West side of University Avenue between 82nd Street
and the z Section line South of 82nd.
BEGINNING at a point which is 40. 00 feet West and 283.00
feet South of the Northeast corner of Section 13, Block E-2,
Lubbock County, Texas;
THENCE South, along a line parallel to and 40.00 feet West
of the East line of said Section 13, Block E-2, a distance of
2357.00 feet to a point, said point being 40. 00 feet West of
the Southeast corner of the Northeast 4 of said Section 13,
Block E-2;
THENCE West, along the South line of the Northeast 4 of
Section 13, Block E-2, a distance of 20'. 00 feet to a point,
said point also being. the Northeast corner of Lot 1-A Univer-
sity Pines Addition to the City of Lubbock, Lubbock County,
Texas;
THENCE North, along a line parallel to and 60. 00 feet West
of the East line of said Section 13, Block E=2, a distance of
2357.00 feet to a point;
THENCE East a distance of 20. 00 feet to the POINT OF
BEGINNING.
TRACT 2 - South side of 82nd Street from Elgin Avenue to University
Avenue.
BEGINNING at a point which is 283.00 feet West and 40.00
feet. South of the Northeast corner of Section 13, Block E-2,
Lubbock County, Texas;
THENCE West, along a line 40.00 feet South and parallel to
the North line of said Section 13, Block E-2, a distance of
2357.00 feet to a point, said point being 40. 00 feet South of
the Northwest corner of the Northeast 9 of said Section 13,
Block E-2;
i
THENCE South 15.00 feet to a point, said point being 20.00
feet East of the Northeast corner of Lot 10,. Potomac Park
Addition to the City of Lubbock, Lubbock County, Texas;
THENCE in an Easterly direction a distance of 303.04 feet
to a point, said point being 2337.00 feet West and 60.00 feet
South of said Northeast corner of Section 13, Block E-2; .
THENCE East, along a line 60.00 feet South and parallel to
the North line of said Section 13, Block E-2, a distance of
1839.00 feet to a point, said point being 498.00 feet West
and 60.00 feet South of said Section 13, Block E-2;
THENCE in an Easterly direction a distance of 200.06 feet to
a point, said point being 298.00 feet West and 65. 00 feet South
of the Northeast corner of said Section 13, Block E-2;
THENCE East 15.00 feet to a point;
THENCE North 25.00 feet to the POINT OF BEGINNING.
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If said Dedication Deed is not received by City within 30 days after date
of this agreement in form suitable for public recordation, then in such event this
agreement may at option of City be declared null and void, and no longer of any
force or effect.
SECTION II
For and in consideration of the City of Lubbock paying for. the construction
of the paving of the street to be dedicated as above set forth, adjacent and abutting
the hereinabove described remaining property, OWNER, his heirs and assigns as
owner (s) of such remaining property promises and does hereby by these presents
promise to pay to the City the cost of such paving to be assessed against owner on
or before the end of the sixtieth (60th) month following the acceptance of the paving
improvements by the City of Lubbock; or when owner, or his heirs and assigns
plats for development under Article 974A, Vernon's Civil Statutes of Texas, all
or any part of the real estate described as the lands adjacent to the street to be
dedicated and paved; or when owner, his heirs and assigns, sells all or any part
of such real estate --whichever event of said three events, shall first occur, and
in any event not later than the end of said sixtieth (60th) month after acceptance
of paving improvements by the City.
SECTION III
Should the herein above -described paving assessment lien to be created on
the herein above -described property be paid in whole or in part later than the
sixtieth (60th) month following acceptance of the paving improvements by the City
of Lubbock, then the City shall charge and owner, his heirs and assigns agrees
and obligates himself or themselves to pay six percent (60/6) per annum interest
from and after the end of said sixtieth (60th) month on the principal amount due
or so much thereof that remains unpaid until paid in full.
SECTION IV
Owner, his heirs and assigns, acknowledges the validity of the paving as-
sessment lien to be created against the hereinabove described property; such
assessment lien to be enacted and recorded as aforesaid.by City and further,
Owner agrees that the hereinabove described paving assessment lien on the prop-
erty described in said Ordinance to be enacted shall remain valid, and this agree-
-went shall in no wise be construed as a waiver or release by the City of Lubbock
of saidlien 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 in duplicate originals as of the date first written in this
agreement.'
ROBERT A. GENTRY (OWNER)
CIT LUBBOCK
BY: A
flROYtB%S,. MAYOR
ATTEST:
Treva Phillips, Ciyj Secretary -Treasurer
APPROVED AS TO FORM:
Fred O. Senter, Jr.,6City Attorney
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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 ROBERT A. GENTRY, 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
, 1976.
(SEAL)
Notary Public, Lubbock County, Texas
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 ROY BASS, 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 thisday of
1976.
(SEAL)
1 Notary Public; Lubbock County, Texas