HomeMy WebLinkAboutResolution - 120976A - Time Extention Contract - College Avenue Co-Op - 12_09_1976JWF:bsb IZ 992 /7
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 directed to execute for and onbehalf of the CITY OF LUBBOCK
a contract to extend time of payment of a paving assessment lien andprovide
for the continued validity of such lien in exchange for street dedication
between the CITY OF LUBBOCK and COLLEGE AVENUE CO-OP, 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 9th day of December , 1976.
Ad _
Roy a s, Mayor
-TTEST:
Treva Phillips, 5KY
Secretary-Treasurer
APPROVED AS TO FORM:
Fred O. Senter, Jr., i Attorney
CONTRACT TO EXTEND TIME OF PAYMENT OF A PAVING
ASSESSMENT LIEN AND PROVIDE FOR THE CONTINUED
VALIDITY OF SUCH LIEN IN EXCHANGE FOR STREET
TlL�T1T!'A TTlI
This agreement made as of the- Q4 -r// day of /�o yiy k�,t /� , 1976,
by and between COLLEGE AVENUE CO-OP, a Texas Corporation, sometimes
also,known as COLLEGE AVENUE CO-OP GINS and/or COLLEGE AVENUE
COOPERATIVE GIN, being all one and the same entity, acting through its
officers hereunto duly authorized, herein called "CO-OP" and the CITY OF
LUBBOCK, TEXAS, a Home Rule Municipality located in Lubbock County,
Texas, acting by and through its Mayor, herein called "CITY", said agreement
becoming effective upon execution by both parties hereto.
WITNE SSETH:
SECTION I - SUBJECT MATTER OF TRANSACTION
The extension of time of payment of a paving assessment created by
City of Lubbock, Texas, Ordinance No. 7341 enacted finally on October 28,
1976 by the City Council of said City and of record in its Minutes for said
meeting of October 28, 1976. This assessment being secured by a lien to
pay the cost of paving adjacent to the following described tracts of land,
to -wit:
TRACT A
Being Subunit 2233-5 under said Ordinance No. 7341
for University Avenue from 82nd to 98th Street in the
total cost of $9, 453.22 assessed against the following
described tract of land:
Beginning at a point which is 55.00 feet South and
95.00 feet East of the Northwest corner of Section 9,
Block E, Lubbock County, Texas, said point being
the beginning of a 30.00 foot curve to the left, the
radius point of which bears South 30.00 feet and hav-
ing a delta angle of 90 ° and an arc length of 47.12
feet
Thence around said 30.00 foot curve to the left an
arc length distance of 47.12 feet to a point, said
point being 85.00 feet South and 65.00 feet east of
the Northwest corner of Section 9, Block E, Lubbock
County, Texas
Thence South along a line 65,00 feet East and parallel
to the West line of Section 9, Block E, a distance of
208.00 feet to a point
Thence South V 25' 56" West a distance of 200.06
feet to a point, said point being 60.00 feet East
and 493. 00 feet South of the Northwest corner of
Section 9, Block E
Thence South along a line 60.00 feet East and
parallel to the West line of Section 9, Block E,
a distance of 87. 80 feet to a point
Thence East 155.0 feet to a point
Thence North 525.80 feet to a point.
Thence West 120.00 .feet to the POINT OF BEGIN-
NING.
TRACT B
Being Subunit 2233-6 under said Ordinance No. 7341
for 82nd Street from University Avenue to Elgin
Avenue in the total cost of $22, 693.04 assessed
against the following described tract of land:
Beginning at a point which is 85.0 feet North and
65.00 feet West of the Southeast corner of Section
12, Block E-2, Lubbock County, Texas
Thence around a curve to the right in a Southwest-
erly direction, said curve having a radius of 30.00
feet, and a delta angle of 90 ° and an arc length of
47.12 feet to a point
Thence West a distance of 1180.00 feet to a point
Thence around a curve to the right in a Northwest-
erly direction, said curve having a radius of 15.00
feet,a delta angle of 90 ° and an arc length of 23.56
feet to a point
Thence North a distance of 150.00 feet to a point
Thence East a distance of 1225.0 feet to a point
Thence South a distance of 135. 0 feet to the POINT
OF BEGINNING.
For and in consideration of extension of time to pay off said lien as
above described and on the terms herein set forth, CO-OP agrees imme-
diately upon being requested in writing by City delivered by certified
U. S. mail to College Avenue Co -Op, Route 7, Box 746, Lubbock, Texas
79401, to execute and forward to the City a Dedication Deed on a form
submitted by City to Co -Op contemporaneously with this Agreement,
dedicating a strip of land to the City and/or the Public for use as apublic
street covering the following described tracts of real estate:
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TRACT I
Field Notes for the Right-of-way on the East side of
University Avenue from 225. 00 feet South of the South
Property Line of 82nd Street to 525. 80 feet South of
the South Property Line of 82nd Street.
Beginning at a point which is 280.00 feet South of the
Northwest corner of Section 9, Block E, Lubbock
County, Texas;
Thence South along the West line of said Section 9,
Block E, a distance of 300.80 feet to a point;
Thence East 60. 00 feet to a point;
Thence North along a line 60.00 feet East and parallel
to the West line of said Section 9, Block E a distance
of 87. 80 feet to a point;
Thence in a Northerly direction 200.06 feet to apoint,
said point being 293.00 feet South and 65.00 feet East
of the Northwest corner of said Section 9, Block E;
Thence North along a line 65.00 feet East and parallel
to the West line of said Section 9, Block E, a distance
of 13.00 feet to a point;
Thence West 65. 00 feet to the POINT OF BEGINNING.
TRACT II
Field Note for the Right-of-way on the South 1/2 of
82nd Street and East of University Avenue.
Beginning at a point in the North line and 290.00 feet
East of the Northwest Corner of Section 9, Block E,
Lubbock County, Texas;
Thence East along the North line of said Section 9,
Block E a distance of 10.00 feet;
Thence South 55. 00 feet to a point;
Thence West 10.00 feet to a point;
Thence North 55.00 feet to the POINT OF BEGINNING.
TRACT III
Field Notes for Right-of-way on North side of 82nd
Street and West side of University Avenue.
Beginning at a point in the South line and 290.00 feet
West of the Southeast corner of Section 12, Block E-2
Lubbock County, Texas:
Thence West along the South line of said Section 12,
Block E, a distance of 1030.00 feet to a point in the
certerline of Boston Avenue;
-3-
Thence North 55.00 feet to a point;
Thence East along a line 55. 00 feet North and parallel
to the South line of said Section 12, Block E-2 a distance
of 1030.00 feet to a point;
Thence South 55.00 feet to the POINT OF BEGINNING.
If said dedication deed is not .received by City Within 30 days after date
of this agreement in form suitable for 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 construc-
tion of the paving adjacent and abutting the hereinabove described property,
CO-OP, its successors and assigns as owner of such property promises and
does hereby by these presents promise to pay to the City of Lubbock the
aforesaid sums of $9. 453.22 and $22, 693. 04 totaling $32,146. 26, on or
before the end of the sixtieth (60th) month following the acceptance of the
paving improvements by the City of Lubbock; or when CO-OP, its success-
ors and assigns plats for development under Article 974A, Vernon's Civil
Statutes of Texas, all or any part of the real estate owned it which is adja-
cent to Tracts A and B above -described and/or which abuts 82nd Street or
University Avenue; or when CO-OP, its successors 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 assessments of $9, 453. 22
and $22, 693.04 totaling $32,146. 26, on the hereinabove 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 CO-OP, its successors and assigns agrees and obli-
gates itself to pay six percent (6%) per annum interest from and after the
-4-
end of said sixtieth (60th) month on the principal amounts of $9, 453. 22
and $22, 693.04 totaling $32,146.26 or so much thereof that remains unpaid.
SECTION IV
CO-OP, its successors and assigns, acknowledge$ the existence of
the paying'assessment lien against CO-OP under Sub -units 2233-5 and 2233-6
of said Ordinance No. 7341, the hereinabove described property; such assess-
ment lien created by City Ordinance No. 7341 and finally enacted on October
28, 1976, and further, CO-OP agrees that the hereinabove described paving
assessment lien on the property described in said Ordinance shall remain
valid, and this agreement shall in no wise be construed as a waiver or
release by the City of Lubbock of said lien 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.
ATTEST: COLLEGE AVENUE CO-OP
'Pail -Kitchens, Secretary W. D. VARDEMAN, PRESIDENT
?Treva Phillips, Ay
Secretary-Treasurer
5
,APPROVED AS TO FORM:
Fred O. Senter, Jr., Citye9f6jrney
CITY OF LUBBOCK
B 7/vj In-S
ROY 11ASS, MAYOR
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. VARDEMAN, known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowled ed to me that he executed the same as the act and deed of COLLEGE
AVENU-op'l-QP, and as PRESIDENT, for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 47-Hday of
h�o r•� /N t. hs , 1976.
(SEAL)
0
Notar.V 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 instru-
ment 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.
,I EN .UNDER MY HAND AND SEAL OF OFFICE THIS l day
of:U/�.r wm1�.✓ n i . 1976.
Notary Public, Lubbock County, Texas